HomeMy WebLinkAboutRuck Salmon Creek Conservation project 615 Sheridan Street
Port Townsend, WA 98368
�e�uison www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Pinky Feria Mingo, Environmental Health and Water Quality Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: S.e ►^^ T 2'�- i 'Ze>23
SUBJECT: Agenda item — Grant Agreement: Jefferson Land Trust for the Ruck Salmon
Creek Conservation Futures Project; November 1, 2021 — August 22, 2025;
$135,000
STATEMENT OF ISSUE:
Jefferson County Public Health requests BoCC signature on an agreement with Jefferson Land Trust for the
Ruck Salmon Creek Conservation Futures Project; November 1, 2021 — August 22, 2025; $135,000
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This project, for Jefferson Land Trust to acquire a 155-acre parcel of timberlands, was approved for
Conservation Futures funds in Resolution #34-22 on August 1, 2022 and was discussed with the
commissioners on September 5, 2023.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project is provided by the Conservation Futures Fund, and there is no impact to the County's
General Fund.
RECOMMENDATION:
JCPH Management recommends BoCC signature on an agreement with Jefferson Land Trust for the Ruck
Salmon Creek Conservation Futures Project; November 1, 2021 — August 22, 2025; $135,000
REVIEWED BY:
ZA6�"&, .Z
Mark McCauley, Vnty Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
W Q-23-067
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson Land Trust Contract No: WQ-23-067
Contract For: Ruck Salmon Creek Conservation Futures Term: November 1,2021 -August 22,2025
COUNTY DEPARTMENT: Public Health
Contact Person; Tami Pokorny
Contact Phone: x49e
Contact email: tpokorny&o.jeffersonma.us
AMOUNT: $135,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $135,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # 128 RFP or RFQ
Munis Org/Obj 12855310 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP'I' GE Wrio 5.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ,] N/A: Sept,7,2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: � Sept 7,2023F "
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserliche):
Electronically approved by Risk Management on 9/12/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through LaserCche):
Approval as to Form by PAO 9/21/2023
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP b: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
l
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust(UBI Number 601 173 681)
Project Title: Ruck Salmon Creek
Contract Number: WQ-23-067
Approval: Resolution No. 35-22
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 Jefferson Land Trust (Sponsor), 1033 Lawrence Street, Port Townsend, Washington
98368.
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. 53 —21.
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 in fee
simple title via statutory warranty deed (Exhibit A) of the land to the 155-acre property known
in the records of the Jefferson County Assessor as APN# 902272000 (the Property) and as
described in the 2022 Conservation Futures project application for the Ruck Salmon Creek
Project (Exhibit B) and 2022 Conservation Futures Program Manual (Exhibit C), and as
authorized by Resolution No. 35-22. (Exhibit D). The statutory warranty deed shall prevent
subdivision while allowing for native forest management and habitat protections, or as described
in the project application. Language must be included in the statutory warranty deed to protect
the County's interests and conservation values, including, at a minimum, the following:
Grantee's costs of acquiring the Property were provided in part by grant funding
from the Jefferson County Conservation Futures property tax authorized by
Washington law. Grantee hereby agrees to be bound by Jefferson County Code
(JCQ 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
Ruck Salmon Creek 1 September 21, 2023
WO-23-067
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 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 November 1, 2021 and
end on August 22, 2025 unless proof of match is provided prior to this date. Work performed
consistent with this Agreement during its term, but prior to the adoption of this Agreement, is
hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31 st
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
$135,000. 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 50%
percent of the total Project cost and all Project costs in excess of $270,000. The estimated
contribution by the Sponsor toward work on the Project shall be as indicated below. The
contribution by the Conservation Futures Fund toward work on the Project is described
immediately above and in"C" above.
Acquisition O & M Totals %
Ruck Salmon $126,375 $8,625 $135,000 21.42
Creek—
Conservation
Futures
Estimated $486,335 $8,625 $494,960 78.57
Project Sponsor
Contribution
Estimated Total $612,710 $17,250 $629,960 100
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
Ruck Salmon Creek 2 September 21, 2023
conditions of this Agreement shall be effective unless provided in writing. All such alterations,
except those concerning the period of performance, must be signed by both parties. Period of
performance extensions need only be signed by Jefferson Board of County Commissioners.
11. Indemnification
Sponsor shall indemnify and hold harmless the County, its past or present employees, officers,
agents, elected or appointed officials or volunteers (and their marital communities), from and
against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees
and costs, arising from injury or death to persons, including injuries, sickness, disease or death to
Sponsor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's proportional
negligence. The Sponsor specifically assumes potential liability for actions brought against the
County by Sponsor's employees, including all other persons engaged in the performance of any
work or service required of the Sponsor under this Agreement and, solely for the purpose of this
indemnification and defense, the Sponsor specifically waives any immunity under the state
industrial insurance law, Title 51 RCW The Sponsor recognizes that this waiver was specifically
entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. For
the avoidance of doubt, the obligations in this section shall survive the expiration or termination
of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement
policies of insurance as follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s) in the status
of employee or employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount
or amounts that are not less than the required statutory minimums) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the performance
of the work for a combined single limit of not less than $500,000 each occurrence with the
County named as an additional insured in connection with the Sponsor's performance of the
contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the
occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications. The insurance
coverage shall contain no limitations on the scope of the protection provided and include the
following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
Ruck Salmon Creek 3 September 21, 2023
C. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15)days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior
to the approval of the contract by the County. At the option of the County, the insurer shall
reduce or eliminate deductibles or self-insured retention or the Sponsor shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance provisions
for subcontractors shall be subject to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the
Sponsor from any liability under this Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of the
parties that the insurance policies so affected shall protect both parties and be primary coverage
for any and all losses covered by the above described insurance. It is further agreed by the
parties that insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any premiums or
for assessments under any form of policy. It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk
of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided in this Agreement, or any portion thereof, may be withheld from
payment due, or to become due, to the Sponsor until such time as the Sponsor shall furnish
additional security covering such judgment as may be determined by the County.
Ruck Salmon Creek 4 September 21, 2023
The County reserves the right to request additional insurance on an individual basis for extra
hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the
Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by the Sponsor refers to an endorsement (by number or name) but does not provide the
full text of that endorsement, then it shall be the obligation of the Sponsor to obtain the full text
of that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or
termination of this Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this
Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between
the parties. The Sponsor specifically has the right to direct and control Contractor's own
activities and over all of its subcontractors, employees, agents and representatives in providing
the agreed services in accordance with the specifications set out in this Agreement. Neither
Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County
employees by virtue of the services provided under this Agreement. The County shall not be
responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an
employer with respect to Sponsor, or any employee of Sponsor. The Sponsor agrees to file all
necessary governmental documents, including appropriate tax returns, reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this Agreement shall be the property of the Sponsor
whether the project for which they are made is executed or not. The County shall be permitted to
Ruck Salmon Creek 5 September 21, 2023
retain copies, including reproducible copies, of drawings and specifications for information,
reference, and use in connection with the Sponsor's endeavors.
16. Compliance with Applicable Statutes,Rules, and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, including RCW 84.34.210, and published agency policies, which
are incorporated into this Agreement by this reference as if fully set forth.
17. No Harassment of Discrimination
Any form of harassment, discrimination, or improper fraternization with any County employee is
strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory
disability in the selection and retention of employees or procurement of materials or supplies.O
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the
services rendered including all books, records, documents, receipts, invoices, and all other
evidence of accounting procedures and practices which sufficiently and properly reflect all direct
and indirect cost of any nature expended in the performance of this Agreement. The Sponsor's
records and accounts pertaining to this Agreement are to be kept available for inspection by the
Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly
authorized by the County shall have full access and the right to examine any of these materials
during this period for a period of ten (10) years after the date of the final payment to Sponsor. If
any litigation, claim or audit is started before the expiration of the six (6)year period,the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved. Copies shall be made available upon request. Records and other documents, in any
medium, furnished by one party to this Agreement to the other party, will remain the property of
the furnishing party, unless otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
Agreement.
20. Disputes
Except as otherwise provided in this Agreement, when a bona fide dispute arises between
Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute
hearing with a mediator agreed upon by the parties, or if agreement cannot be made,the mediator
shall be selected by the Jefferson County Superior Court. Either party's request for a dispute
hearing must be in writing and clearly state:
a. the disputed issue(s);
Ruck Salmon Creek 6 September 21, 2023
b. the relative positions of the parties; and,
C. the Sponsor's name, address and agency contact number.
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County
Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within
fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that
this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
shall split evenly the cost of mediation or whatever form of dispute resolution is used. The
parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,
including attorney's fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of
this Agreement.
22. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Sponsor.
23.Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any
interest in this Agreement without the express written consent of the County.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
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.
Ruck Salmon Creek 7 September 21, 2023
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law, to
determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or
permits.
26. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth, Director of Conservation Tami Pokorny
Jefferson Land Trust Jefferson County Environmental Public
1033 Lawrence St. Health—Conservation Futures
Port Townsend, WA 98368 615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of
any change.
27. Entire Agreement
This Agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the
parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; (b) insurance; and, (c) indemnification.
30. Binding on Successors, Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in
interest,heirs and assigns.
Ruck Salmon Creek 8 September 21, 2023
31.No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any
provision in this Agreement is for the benefit of any person or entity who is not a party.
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may
be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and
places by the parties shall not affect the validity of this Agreement, so long as all the parties
execute a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio, paper or other media, is required to be kept or indexed as a
public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as
may be amended), the Sponsor agrees to maintain all records constituting public records and to
produce or assist the County in producing such records, within the time frames and parameters
set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall,
within two business days, notify the County by providing a copy of the request per the notice
provisions of this Agreement.
This Agreement, once executed, shall be a "public record" subject to production to a third party
if it is requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,
the State of Washington and the County of Jefferson, as if applied to transactions entered into
and to be performed wholly within Jefferson County, Washington between Jefferson County
residents. No party shall argue or assert that any state law other than Washington law applies to
the governance or construction of this Agreement.
Ruck Salmon Creek 9 September 21, 2023
37. Order of Precedence.
If there is an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case
law.
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if
such failure arises out of causes beyond a parry's control and without fault or negligence of such
party, including but not limited to; (a) acts of God; (b) terrorism or other acts of a public enemy;
(c)war; or, (d) epidemics, pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into
this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a) Each person signing this Agreement is fully
authorized to enter into this Agreement on behalf of the party for whom signature is being made;
(b) Each party that is a corporate entity is duly organized and validly existing in good standing
under the laws of one of the states of the United States of America; (c) The making and
performance of this Agreement will not violate any provision of law or of any parry'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)
Ruck Salmon Creek 10 September 21, 2023
JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST
Board of County Commissioners
Jefferson County, Washington
//Y' �"/
By: By: _� L/
Greg Brotherton, Chair Date Signature
By: Name: LjChr4V-d V�i
Heidi Eisenhour, Commissioner Date ��Cu"t .17'r'!�'�
Title: C(�"
By: Date: I Z 113
Kate Dean, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
09/21/2023
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Ruck Salmon Creek 11 September 21, 2023
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Ruck Salmon Creek Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than fifty percent(50%). The
match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s)of no less than 50%of eligible project costs at the time
of each invoice.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor shall acquire a statutory warranty deed on the Property that incorporates approved
Conservation Futures Program language, including the language in item"C"of this Agreement.
Deliverable 2a: Final statutory warranty deed
Deliverable 2b: Qualifying appraisal(s)and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded statutory warranty deed for subject parcel
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Operations & Maintenance
Sponsor shall complete O & M practices as described in the project application(Exhibit B).
Deliverable 4a: Written description of work performed.
Task 5: 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 Fund Citizen Oversight Committee (through
staff) in the format provided for each year that it is required.
Deliverable 5a: Completed annual reports.
Ruck Salmon Creek 12 September 21, 2023
Exhibit A
Draft Statutory Warranty Deed
Ruck Salmon Creek 13 September 21, 2023
Upon recordation return to:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend, WA 98368
STATUTORY WARRANTY DEED
Grantor: Frank J. Ruck
Grantee: Jefferson Land Trust, a Washington nonprofit corporation
Assessor's Tax Parcel No: 902 272 000
The Grantor, Frank J. Ruck, as his separate estate, for valuable consideration, conveys and
warrants to the Jefferson Land Trust ("Grantee"), all of Grantor's right, title, and interest in and
to the following described real estate situated in the County of Jefferson, State of Washington:
The South '/2 of the North '/2 of Section 27, Township 29 North, Range 2 West, W.M., in
Jefferson County, Washington.
Situate in the County of Jefferson, State of Washington.
Grantee's costs of acquiring the Property were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law.
Grantee hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the
uses authorized under RCW 84.34.230, including the obligation to ensure the long-term
conservation of the Property, 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 and only if other equivalent
lands or interest in lands within Jefferson County are received by Grantee in exchange.
Frank J. Ruck
EXECUTED this day of 2023
STATE OF )
COUNTY OF ) SS:
On this day day of 2023 before me personally
appeared before me Frank J. Ruck, to me known to be the individual described in and who
executed the within and foregoing instrument, and acknowledged that he/she signed the same
as his/her free and voluntary act and deed, for the uses and purposes therein mentioned.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of
Residing at:
Exhibit B
2022 Conservation Futures Ruck Salmon Creek Project Application
Ruck Salmon Creek 14 September 21, 2023
�4�¢gON 2022 Jefferson County Conservation Futures Program
Property Acquisition Project and/or
Operations and Maintenance Project Application
IN "0
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 tpokornv@co.iefferson.wa.us with questions.
Background and Eligibility Information
1. Project Title Ruck Salmon Creek
2.Conservation Futures Acquisition Request: S126.375
Conservation Futures O&M Request: S8,625
3. Total Conservation Futures Request:S135,000
4. Please indicate the type of interest contemplated in the acquisition process.
X Warranty Deed _Easement _Other(Please describe below)
In whose name will the property title be held after acquisition?Jefferson Land Trust
5. Applicant Information
Name of Applicant or Organization: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director of Conservation&Strategic Partnerships
Address: 1033 Lawrence St. Port Townsend,WA 98368
Phone:(360)379-9501,ext. 101 Fax: �� - ,ext.
Email: sspaeth(@saveland.org
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
March 15,2022.
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2022 CF Program Application FINAL
7. Project Location
Street Address or Description of Location:
922 W Uncas Rd. Port Townsend,WA 98368
Driving Directions from Port Townsend:
From Port Townsend,travel south on State Route 20 toward Discovery Bay.The project area is located
near the junction of Hwy 101 and State Route 20,at the head of Discovery Bay. From the Discovery Bay
store,turn South off of 101 onto West Uncas Road and follow to 922 W. Uncas Road. This is the driveway
to the Reseck residence and the physical access onto the Ruck property.
Section: 27
Township: 29 N
Range: 2W
Assessor's Parcel Number(s): 902272000
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.
902272000 current ownership is private;proposed ownership is fee-simple acquisition by Jefferson Land
Trust using Conservation Futures,WA State Salmon Recovery Funding Board,and WA State WWRP Riparian
Habitat funds.
Please list the assessed values for each property or APN, as applicable.
902272000:$328,674
8. Existing Conditions
New Site: Yes No Number of Parcels: 1
Addition to Existing Site: Yes No Acres to Be Acquired: 155.3
Total Project Acreage(if different): Current Zoning: CF-80(Commercial Forestry 1:80)
Existing Structures/Facilities: Vacant land except for Bonneville Power Administration utility corridorthrough
a section of the eastern side of the parcel(approximately 200 feet wide by 2,350ft long).
Any current covenants,easements or restrictions on land use: Easements for transmission of electrical utility
lines,currently operated by Bonneville Power Administration.
Current Use: Designated Forest Land by Jefferson County Assessor
Waterfront (name of body ofwater): Salmon Creek and 6 tributaries to Salmon Creek
Shoreline(linear feet): 1.1 miles of Salmon Creek(rive mile 1.4-2.4)and 0.68 miles of tributaries to Salmon
Creek
Owner Tidelands/Shorelands: Frank Ruck(landowner)
9. Current Property Owner X is _is not a willing seller.
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2022 CF Program Application FINAL
Project Description
10. In 1,000 words or less,provide a summary description of the project,the match,overarching goal,and three
top objectives. Include information about the physical characteristics of the site that is proposed for acquisition
with Conservation Futures Program funds including: vegetation,topography,surrounding land use, and
relationship to parks,trails,and open space. Describe the use planned for the site,any development plans after
acquisition(including passive development),characteristics of the site which demonstrate that it is well-suited to
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.
Jefferson Land Trust is applying for Conservation Futures funds to acquire the fee-simple interest in the
155-acre Ruck property. The Ruck property is made up of one parcel that is a rectangle about 1 mile long
and a quarter mile wide,sloping east from the foothills of the Olympic mountains,with Salmon Creek
running the long way through the middle of the property from west to east in a ravine that averages 100-
150 feet deep at a 42 degree slope.Six tributaries to Salmon Creek enter the property from the north,south
and west.This property hosts spawning grounds for listed and threatened summerchum,coho,and winter
steelhead,as well as habitat used by fall chum and cutthroat trout,and other wildlife.The acquisition of this
property by Jefferson Land Trust will permanently protect approximately 48 acres of riparian habitat and 108
acres of upland forest habitat,allow for restoration enhancement in the near-term and long-term,and allow for
spawning survey access to the Washington Department of Fish and Wildlife.
The Salmon and Snow Creek Estuary is the most intact of its type on the Strait of Juan de Fuca and is the
unquestioned stronghold of the ESA listed Strait of Juan De Fuca summer chum salmon.Acquiring the Ruck
property continues the successful protection and restoration efforts conducted by Chumsortium partners(North
Olympic Salmon Coalition,Washington Department of Fish and Wildlife,Jefferson County Conservation
District,Jamestown S'Klallam Tribe,Jefferson County,the Marine Resources Committee,Hood Canal
Coordinating Council,and others)that has been focused on the Salmon and Snow Creek watersheds since
2001. Local expert partners focused on salmon recovery agree that protecting highly functioning habitat,such as
the Ruck Property,in the Salmon Creek watershed is a priority for supporting summer chum core
subpopulations.The Ruck project aims to protect and restore a parcel that was identified through previous
protection efforts by Chumsortium partners.
The Ruck Salmon Creek project has two main goals.The first is to the protect the property against the
increasing threats of residential conversion in the area and of inappropriate forestry uses on the property—
which would negatively impact the functioning riparian habitat that is used by spawning threatened
summer chum.The second goal is,following acquisition Jefferson Land Trust will begin riparian buffer
habitat restoration on the six tributaries leading to the mainstem of Salmon Creek.
The property was clearcut(outside of the riparian buffer) in the early 1990s.The current forest composition
is a mix between red alder-dominant forest with an understory of dense salmonberry,and alder-dominant
with Douglas fir planting understory.Consulting foresters believe that the property needs"major
disturbance"to be able to get on the path toward mature,diverse forest characteristics necessary for
climate resiliency and wildlife habitat.This disturbance will be performed for the purpose of habitat
restoration by creating patch-cuts in the forest to plant a more successful diversity of conifer tree species.
The mainstem of Salmon Creek currently has a 250ft wide buffer with mature conifer and hardwood
species and healthy level of downed woody debris in the creek.The tributaries currently only have a 25ft
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2022 CF Program Application FINAL
wide buffer that needs to be improved and restored.Jefferson Land Trust plans to expand this buffer to
125ft by spring 2024.There are no buildings on the property.
Adjacent land includes a 63-acre property to the east that is permanently protected by a conservation
easement with Jefferson Land Trust,and commercial timberland currently operated by Rayonier to the
north,west,and south.A large power transmission line easement operated by Bonneville Power
Administration runs in a cleared swath about 250'wide through a portion of the property on the east.
The 155-acre Ruck property contains approximately 1 mile of mainstem of Salmon Creek located from
about river mile 1.4 to 2.5,as well as over 3,500 feet of tributary riparian habitat.The localized issue of this
project is an increasing threat of residential conversion in this area,and the property's threat of
inappropriate forestry uses which threaten the highly functioning salmonid habitat.Six tributaries travel
through the upland forest down to the mainstem of Salmon Creek.The property was clear-cut in the early
1990s(excluding the minimal 125-foot buffer on either side of the mainstem of Salmon Creek).Given the
property's varied and steep slopes(42°) leading to the creek,these commercial forestry activities
undoubtedly affected the sediment load of Salmon Creek for many years.The property is currently zoned
as commercial forestry,and with the current landowner's desire to sell,the threat of extensive commercial
forestry and potential conversion to residential development is high.
The project offers the protection of the entire anadromous reach including riparian,steep slope,and
forested buffers.The anticipated results of this project are permanent protection of one mile of highly
functioning Salmon Creek habitat that directly affects the natal estuary of Salmon and Snow Creeks.The
project also offers the opportunity for full habitat restoration of the surrounding forest buffers into mature,
diverse forest which recharges ground water,protects the creek from erosion and increased sediment
loads,slows down runoff during high precipitation events,and ultimately benefits habitat,agricultural and
human infrastructure downstream.
After acquisition,Jefferson Land Trust will manage the property as a Nature Preserve and will conduct
ecological thinning of dense alder and Douglas fir,followed by plantings of more diverse conifer species.
This forest management will helpjumpstart the necessary transition to a mature forest that is more
structurally and compositionally diverse,thus becoming more climate resistant and resilient. Retired DNR
Region 6 Manager Mike Cronin was helpful in recommending the specific restoration and management
strategies that are referenced in this application.Additionally,WDFW staff are excited at the prospect of
Jefferson Land Trust owning the property because they have been denied access for spawning surveys for
the last several years by the current landowners.Conservation Funds are not being requested for the
restoration-related costs,but this restoration component is part of the full project that Jefferson Land
Trust is working to accomplish on the Ruck property by the end of 2024.
Objectives:
1)Jefferson Land Trust conducts a fair-market appraisal and secures and Purchase and Sale Agreement
with Frank Ruck,current landowner.
2)Jeffersron Land Trust acquires the fee-simple interest in the 155-acre Ruck parcel which has 1 mile
Salmon Creek,a stretch that provides habitat for threatened summer chum and other salmonid species by
summer 2023.
3)After acquisition with help from CF funds,the Land Trust will replant and restore the 16.5 acres of
tributary buffers(expand buffers from 25ft up to 125 feet) by spring 2024. In 10 years we will conduct an
ecological forest thinning operation in the upland forests to increase forest health and generate enough
revenue to fund necessary restoration on the previously commercially-managed forest.
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2022 CF Program Application FINAL
11. Estimate costs below, including the estimated or appraised value of the propert(ies)or property right(s)to be
acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of
projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel.
Estimated or Appraised Value of Propert(ies)to be Acquired:
Total Estimated Acquisition-related Cost(see Conservation Futures Manual for eligible costs): $711,440
Total Operation and Maintenance Cost: $17,250
Total Project Cost: $728,690
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):
Jefferson Land Trust spoke with a land appraiser who is familiar with the Ruck property from appraising in
2010. Preliminary discussions in 2022 with this appraiser helped us create an estimate of the current fair-
market value of acquiring the property.The project administration and acquisition-related costs are
estimated based upon recent acquisition projects by Jefferson Land Trust.
Ruck Salmon Creek Conservation Futures Match(Salmon Recovery Total
Request Funding Board and WWRP
Riparian Habitat)
Property Acquisition $110,000 $490,000 $600,000
0&M (signage, $8,625 $8,625 $17,250
monitoring)
Acquisition-related costs $16,375 $33,125 $49,500
(environmental
assessment,appraisal,
closing costs, cultural
resources,stewardship
plan)
Project Administration $0 $30,000 $30,000
(staff time,attorney
costs)
Total $135,000 $561,750 $696,750
(19.4%) (80.6%) (100%)
O & M only go to question #15:
Scored Questions
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2022 CF Program Application FINAL
1. To what degree does the project leverage contributions for acquisition from groups, agencies or
individuals?
1 a. Sponsor or other organizations X 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.
Protection and restoration of this 1 mile of Salmon Creek and tributaries directly augment the over 20
years of acquisition and restoration work that has already been conducted by partners who are part of the
Chumsortium in this watershed.These acquisition and restoration projects continue at the head of
Discovery Bay with several priority acquisitions of nearshore properties.As a result of the collaborative
efforts conducted over the last 20 years,most of Salmon Creek downstream from this property is protected
with Jefferson Land Trust conservation easements and WDFW ownership.The Land Trust anticipates a
large portion of grant funding for the project from the Salmon Recovery Funding Board grant and Riparian
Habitat Program-both state grant sources.
1 c. Matching Fund Estimate Acquisition O&M %
Conservation Futures Funds Requested $126,375 $8,625 19.4%
Matching Funds/Resources* $553,125 $8,625 80.6%
Total Project Acquisition Cost $679,500 $17,250 100%
*If a prior acquisition is beingproposed as match,please describe andprovide 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?
Salmon Recovery Funding Board $330,357 Yes No Yes No Fall 2022
WWRP Riparian Habitat $300,000 Yes No Yes No Fall 2022
NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that
guarantee additional resources for acquisition. Donation ofproperty or a property right will be considered as
a matching resource. Donation of resources for on-going maintenance or stewardship("in-kind"
contributions) are not eligible as a match.
2. To what degree does the project sponsor commit to provide long-term stewardship for the
proposed project?
2 a. Sponsoring agency Xis is not prepared to provide long-term stewardship(easement monitoring,
maintenance, up-keep,etc.)for the proposed project.
Jefferson Land Trust is prepared to provide long-term stewardship for the Ruck project based upon our
established,professional stewardship program.Currently,Jefferson Land Trust has five staff members that
work in our stewardship department,implementing the monitoring and stewardship activities described in
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2022 CF Program Application FINAL
more detail in question 3.We currently steward over 17,000 acres in Jefferson County,including over 390
acres in the Salmon and Snow Creek watershed specifically.
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.
in addition to regular,professional monitoring program described in question 3a,our long-term
management goals for the Ruck property will include maintaining and enhancing the structural and
species diversity of the forest,and maintaining natural hydrology used by many salmonid species.We
anticipate achieving these goals through both short/mid-term restoration efforts as well as long-term
maintenance.Short-term restoration obligations will include alder thinning along tributary buffers,
followed by introduction of conifer plantings,and 3-5 year maintenance of plantings to ensure access to
light and successful establishment. Mid-term restoration will include more extensive forest restoration in
the form of harvesting alder once it is commercially viable,to release understory Doug fir and/or replant
the newly-sunlit understory with a mixed conifers.
Long-term maintenance will include management of noxious weeds,facilitating appropriate public access,
monitoring forest and stream conditions,and additional actions including the creation of snag and
downed logs where beneficial to accelerate complex forest structure and habitat niches.
3. To what degree has the project sponsor demonstrated effective long-term stewardship of a
similar project?
Jefferson Land Trust has managed many acquisition projects since its inception in 1989.We have been
awarded numerous Conservation Futures grants and other public grants for acquisition of important
salmon habitat,working lands and open space.We have demonstrated effective and dependable long-
term stewardship on salmon habitat nature preserves such as Snow Creek Forest,Duckabush Riparian
Forest, Duckabush Oxbow and Wetlands Preserve,and Chimacum Creek Nature Preserve.We actively
manage and conduct restoration forestry and stewardship activities on properties we own including our
Bulis Forest Preserve and Valley View Forest Preserve.
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
As an accredited Land Trust through the national Land Trust Alliance,Jefferson Land Trust has experience
successfully managing and stewarding various types of preserves.Jefferson Land Trust conducts diligent
and appropriate monitoring,stewardship,and management for all fee-simple properties that we own.This
includes quarterly monitoring of the properties by professional staff and trained volunteers,extensive data
collection and management,and legal defense of the conservation values should it become necessary.We
have a Preserve Steward program which provides an opportunity for long-term volunteerism through
quarterly monitoring of all Land Trust preserves.We will utilize these same tools to provide long-term
stewardship for the Ruck property after acquisition.
3 b. Has the project sponsor and/or applicant been involved in other projects previously approved for
Conservation Futures funding?
No, neither the sponsor nor applicant has been involved in a project previously approved for
Conservation Futures funds.
X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures funds. Please provide details:
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2022 CF Program Application FINAL
Jefferson Land Trust has been the successful applicant of many Conservation Futures Fund projects over
the years,providing us many years of experience in working with County staff to successfully implement
protection projects across multiple ecosystems of Jefferson County.These projects include:
Sunfield Farm,2003;Quimper Wildlife Corridor,2004;East Tarboo Creek Conservation Project,2005;
Tamanowas Rock Phase 1,2006;the Winona Buffer Project,2006;Glendale Farm,2007;Finnriver Farm,
2008;Quimper Wildlife Corridor,2009; Brown Dairy,2009;Salmon Creek Ruck 2010;Quimper Wildlife
Corridor 2010;Tamanowas Rock 2010;Chimacum Creek Carleson 2011;Winona Basin -Bloedel 2011; L.
Brown 2012; Boulton Farm 2012;Quimper Wildlife Corridor and Short Family Farm 2013;Quimper Wildlife
Corridor and Snow Creek Irvin and Jenks,2014; Midori Farm,2015;QWC 2016 Addition,Tarboo Creek, Farm
and Forest 2016;Serendipity Farm,Snow Creek Taylor and Tarboo Iglitzin 2017;Chimacum Forest,
Marrowstone Mize,Snow Creek Mid-Reach Forest 2018;Tarboo Forest Addition 2019; Ruby Ranch 2018&
2020;Quilcene Headwaters to Bay 2019&2020;Arlandia 2020;Quimper Wildlife Corridor Additions 2021;
and Hannan Farm 2021.
4. To what degree is the acquisition feasible?
4 a. Property X can_cannot feasibly be acquired in a timely fashion with available resources.
4 b.Necessary commitments and agreements X are_are not in place.
4 c.All parties_are X are not in agreement on the cost of acquisition.
If"not"to any of the above,please explain below.
The cost of the acquisition will be agreed upon by Jefferson Land Trust and Frank Ruck(current
landowner)after the appraisal report is provided by a certified appraisal company.Jefferson Land Trust
will hire this appraiser after we have been awarded grant funds and know that we can proceed with the
project.
5. To what degree is the project part of an adopted open space, conservation, or resource
preservation program or plan, or identified in a community conservation effort?
The proposed acquisition X is specifically identified in an adopted open space, conservation, or resource
preservation program or plan, or community conservation effort. Please describe below, including this project's
importance to the plan. Please also reference the website of the plan if available or include the plan with this
application.
A portion of Salmon Creek habitat on the Ruck property is designated as`Priority Aquatic'and
`Conservancy'under Washington State's Shoreline Master Plan (below)
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2022 CF Program Application FINAL
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Ruck is also identified by the Land Trust's Conservation Plan (https://www.saveland.org/wp-
content/uploads/2016/06/2010_JLT_ConservationPlan_LoRes.pdf) both as having high priority habitat
and as an area with recreation and tourism value.
X 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.
Additionally,the Hood Canal Coordinating Council's 2022 Salmon Recovery Program Priorities and
Immediate Needs names the protection of highly functioning habitat in the Salmon Creek watershed as a
priority-of which the Ruck property is a prime example.The Chumsortium partners(described in the
Project Description above) identified the Ruck property as a priority for protection beginning in 2001,and
we finally have a landowner who is interested in the selling the property for permanent protection to
Jefferson Land Trust.
6. To what degree does the project conserve opportunities which are otherwise lost or threatened?
6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat,and any unique
qualities about the site.
The landowner contacted Jefferson land Trust to see if we were interested in acquiring the property,as he
has plans to put it on the market sometime in the next year or so. He is interested in seeing the
conservation values preserved forever,though also is eager to dispose of the property.This is a rare
opportunity to acquire such a significant stretch of Salmon Creek and will allow for better management for
habitat and monitoring of the health of the salmonid species utilizing the creek.
7. Are the conservation values of the project commensurate with or greater than the amount of
CF funds requested?
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2022 CF Program Application FINAL
Yes,Jefferson Land Trust is only requesting 16.5%of the total project cost from Conservation Futures,
which means that the value of the project is much greater than the amount of funds requested from the
County. However,$135,000 is still a significant and important value to the project and therefore necessary
for the success of this protection and enhancement project.
7 a. Summarize the project's conservation values and how the CF funds requested support these values.
The project's conservation values are summarized as protecting highly functioning spawning habitat for
threatened summer chum populations,and habitat for coho,and winter steelhead,fall chum and cutthroat
trout;improving the riparian buffer function by enhancing and expanding the buffers from 25ft wide to 125ft
wide with diverse conifer species;and in the future expanding the restoration project to the upland forest which
will recharge ground water, protect the creek from erosion and increased sediment loads,slow down
runoff during high precipitation events and contribute to carbon sequestration.The Conservation Futures
funds requested supports these values by contributing to the value of the fee-simple acquisition of the
property.Jefferson Land Trust has found that fee-title ownership of a property is the best way to
guarantee a landowner's long-term interest and protection in salmon habitat and restoration.As a
conservation non-profit,our mission includes the perpetual protection of fish habitat and forestland,even
more so than a private conservation easement landowner.Jefferson Land Trust's ownership of this
property is the best way to ensure that this 1 mile of Salmon Creek and its tributaries are enhanced and
managed to benefit all salmonids in this watershed.
8. To what degree does the project preserve habitat for flora and fauna other than habitat for
anadromous fish species?
8 a.X 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).
In addition to the anadromous fish species present on site,the Washington Department of Fish and Wildlife
(WDFW)'s Priority Habitat Species(PHS) lists the Ruck property as Freshwater Forested/Shrub Wetland,
and as a potential site for Northern Spotted Owl territory.
8 b. X provides habitat for a variety of native flora or fauna species.
The property provides a habitat corridor stretching from foothills of the Olympic mountains down to the
low-lying valley at the head of Discovery Bay for other wildlife species.Black bear,cougar,deer and coyote
are some of the species that have been documented on the property.
8 c. X contributes to an existing or future wildlife corridor or migration route.
The property is adjacent to a 63-acre property protected with a habitat conservation easement held by
Jefferson Land Trust. Nearly all properties downstream of this site along Salmon Creek are either
protected by Washington Department of Fish and Wildlife(WDFW),or Jefferson Land Trust(see watershed
map in application attachments).
If affirmative in any of the above,please describe and list the Priority Habitat(s)and Threatened, Endangered, or
Sensitive species below, and cite or provide documentation of species'use.
Described above.
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2022 CF Program Application FINAL
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat?If so,please
provide details.
The current landowner does not participate in conservation programs that enhance wildlife habitat,which
will change once Jefferson Land Trust assumes ownership.
9. To what degree does the project protect habitat for anadromous fish species?
9 a. Describe to what degree the project protects habitat for anadromous fish species(for example: marine
shorelines,stream or river corridors including meander zones,and riparian buffers). Please provide documentation
and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat.
The Ruck property provides stream and riparian buffer habitat.This property provides critical habitat for
spawning threatened summer chum,spawning winter steelhead,spawning and adult coho,and adult fall
chum.Available spawning habitat for summer chum (such as the Ruck property) must be protected to
ensure sub-population persistence,survival,and productivity.This project will protect habitat that has
documented use by the salmonid species listed above.
Fish Distribution
Summer Chum Streams
Documented Spawning
Documented Reanng r
Documented Presence
-- Documented-Ardfidal,Spawning r
— Documented-Artificial,Rearing �J't
Documented-Artificial,Presence
I+F transported Spawning
t•t+ Transported Readng ,
F+ Transported Presence
— Presumed Presence
— Potential:Blocked
Gradient Accessible
— Documented Historic Presence
WDFW Priority Habitat Species mapping tool
Fish Distribution
Fall Chum Streams 3:•^.
— Documented Spawning
I
— Documented Reann •t�
Documented Presence
-- Documented-Artificial,Spawning a
--- Documented-Artificial,Rearing E r
Documented-Artificial,Presence
r
F!+ Transported Spawning
H+ Transported Rearing
H+ Transported Presence _ -
— Presumed Presence r `
— Potential:Blocked _ 1
— Gradient Accessible
Documented Historic Presence
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2022 CF Program Application FINAL
WDFW PAionty Habitat Species mapping tool
10. To what degree does the project preserve farmland for agricultural use OR forestland for
silvicultural use?
10 a. Describe the extent and nature of current and planned agricultural or silviculture use of the proposed
acquisition, including any anticipated changes to that use once the property,or property right, is acquired with
Conservation Futures funds.
The current landowner of the Ruck property has been managing the property for continued commercial
forestry after it was clearcut in the 1990s.As described above,once Jefferson Land Trust secures
ownership of the property,the silvicultural management of the property will be primarily focused on the
riparian and upland restoration needs. In about a decade,we will perform commercial thinning on the
property which will generate enough revenue to fund the restoration costs(tree planting and
maintenance) needed throughout the property.
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.
The current landowner does not participate in extra management practices that preserve soil,water
quality,or watershed function—this will change once Jefferson Land Trust assumes ownership.
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
The acquisition of the Ruck property by Jefferson Land Trust will significantly enhance the watershed
function,water quality,and wildlife habitat of this parcel. While the Washington State Forest Practices
Rules are helpful in an attempt to balance the needs of both industry and of conservation on commercial
forestry lands,Jefferson Land Trust and Chumsortium project partners believe that these practices are not
sufficient on the Ruck property due to its multiple tributaries,its steep slopes(42 degrees),depth of slopes
(100-150 ft)and sensitive habitat for salmonid species. Broader tributary buffers with more conifers will
ensure adequate shade and help reduce the potential for sediment loads in important spawning habitat.
10 d. Does this project preserve a mix of quality farmland and forestland?
This project preserves and enhances forestland,as described above.This site is not appropriate for
farmland activities due to its current forested condition,steep slopes,and critical salmonid habitat
functions.
11. Climate change:
11 a. To what degree does this project increase resiliency to and/or mitigate climate change?
This project aims to protect 155-acres of land and stream classified by The Nature Conservancy as having
Far Above Average Resilience to climate change.Additionally,the restoration of riparian buffers after
acquisition and the subsequent upland forest improvements in the 2030s will follow forest management
practices that are proven to enhance climate resistance and resilience,such as increasing tree species
diversity;having a multi-aged forest;creating structural diversity from the forest ground to the canopy;
and creating snags and downed woody debris that sequester both carbon and water.
This project will permanently protect a one-mile stretch of Salmon Creek,1/4 of which is documented
spawning grounds for the endangered summer chum. Reinforcing protection of high-quality salmon
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2022 CF Program Application FINAL
habitat is the Hood Canal Coordinating Council's number one priority in 2022. Protecting high quality
habitat allows for habitat and species adaptability,especially in the face of climate change.
12. What area does the project serve?
12 a. Describe how the proposed acquisition benefits primarily a_local area X broad county area including the
area served,the nature of the benefit,the jurisdictions involved, and the populations served.
This project benefits the entire downstream reach of Salmon Creek.After acquisition,the anticipated
results of this project are permanent protection of one mile of highly functioning Salmon Creek habitat
that directly affects the natal estuary of Salmon and Snow Creeks.The project also offers the opportunity
for full habitat restoration of the surrounding forest buffers into mature,diverse forest which recharges
ground water,protects the creek from erosion and increased sediment loads,slows down runoff during
high precipitation events,and ultimately benefits habitat,agricultural and human infrastructure
downstream of this site.
As previously described,Chumsortium partners(North Olympic Salmon Coalition,Washington Department
of Fish and Wildlife,Jefferson County Conservation District,Jamestown S'Klallam Tribe,Jefferson County,
the Marine Resources Committee,Hood Canal Coordinating Council,and others) have been actively
involved in this watershed protection since 2001.The protection and restoration project on the Ruck
property benefits all the residents and businesses downstream of the site.
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.
No,this project is located in the Salmon/Snow Creeks Watershed south of Discovery Bay.
13. To what degree will the acquisition provide educational opportunities, interpretive
opportunities,and/or serve as a general community resource?
13 a. Describe the educational or interpretive opportunities that exist for providing public access,educational or
interpretive displays(signage, kiosks,etc.)on the proposed site, including any plans to provide those
improvements and any plans for public accessibility.'
The entire property will be open to guided public access in the form of group tours or volunteer
stewardship work parties led by Jefferson Land Trust. Further unguided public access will not be
developed based upon public safety concerns and because it is only accessible only through an
undeveloped road easement across neighboring private property.The steep slopes of the Salmon Creek
ravine and the planned restoration activities create public safety concerns that encourage Jefferson Land
Trust to limit the types of public access.
However,the property is currently part of the Pacific Northwest Scenic Trail—a 12,000-mile hiking trail
from Montana to Washington—and Jefferson Land Trust plans to continue to allow this use after
protection.
14. To what degree does the project preserve historic or culturally significant resources39
14 a. The proposed acquisition_includes historic or culturally significant resources'and
'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.
13
2022 CF Program Application FINAL
_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.
X none of the above.
If affirmative in any of the above,please describe below, and cite or provide documentation of the historical
cultural resources.
O & M Stand Alone Projects
15. Applications for Operation and Maintenance funding only to be scored on a scale of 1-100
based on information provided. Consider the CF Manual and the topics below,for example:
15 a. Please describe in detail,the reason O&M funds are needed,proposed O&M activities,and how they
protect resources cited in the original acquisition project.Attach additional information such as up-to-date
stewardship plan,maps,field reports,work plan,budget,timeline,etc.,to support the application,if appropriate.
O&M projects must address a compelling, immediate need. Specifically include whether the project has an up-
to-date stewardship plan.If there is such a plan, is it being implemented and is the proposed O& M work
specifically included in the plan?Also,describe any unforeseen or urgent threats to the resource conservation
values of the site and whether the proposed O& M activities will mitigate those threats and/or prevent potential
future threats.
Verification
16. Sponsor commitments:
16 a. Sponsors of projects that are approved for funding by the Board of County Commissioners are required to
submit a brief progress report by October 30 every year for three years after the award is approved,or three years
after the acquisition funds are disbursed to the applicant,whichever is later. The progress report must address any
changes in the project focus or purpose, progress in obtaining matching funding,and stewardship and
maintenance. Sponsors receiving O&M funds will also submit an annual report for each year that O&M funds
are expended. The Committee will use the information to develop a project"report card"that will be submitted
annually to the Board of County Commissioners.
16 b. If this project is approved for funding,I understand the sponsor is required to submit progress reports for
three years and for any year in which O&M funds are expended. Initials ?t Date
16 c. If, three years alter 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 7uu�' ments and all information in the application is accurate to the
best of their knowledge. _ Initials 'IDS 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 p;may be modified with recommendation of the CF Committee and
approval of the BoCC. Initials 'I"P Date
14
2022 CF Program Application FINAL
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Landowner
Acknowledgement Forml
Project Applicant Information
Applicant Name: Jefferson Land Trust
Project Number/Name: 22-1079 Salmon Creek
Contact: ❑ Mr. S Ms. First Name: Sarah Last Name:Spaeth
Title: Director, Conservation and Strategic Partnerships
Mailing Address: 1033 Lawrence Street, Port Townsend,WA 98368
E-Mail Address: sspaeth@saveland.org
Property Informations
Address or Location: Salmon Creek,Jefferson County
County/Parcel Number.902272000
Landowner Information
Landowner Name: Frank J Ruck
Representative:M Mr. ❑ Ms. First Name: Frank Last Name: Ruck
dle:
Mailing Address:22W410 2ND ST,GLEN ELLYN,1L 60137-35M
E-Mail Address:frankruck@yahoo.com
�. Frank J Ruck is the legal owner of property described in the grant application being submitted to
the Recreation and Conservation Office by the project applicant.
1. 1 am aware that the project being proposed in the grant application is on my property.
2. If a grant is successfully awarded, I will be contacted and asked to engage in negotiations.
3. My signature does not represent authorization of project implementation.
4. If I am affiliated with the project applicant, I will recuse myself from decisions made by the project
applicant to work on or purchase my property.
5. There are re no (circle one)tenants on the property. Tenants displaced as a result of this
project may be eligible for relocation assistance.
Landon ner/Repre�seentative Signature Date
1 "Manual 3: Acquisition Projects,'Appendix H
Exhibit C
2022 Conservation Futures Program Manual
Ruck Salmon Creek 15 September 21, 2023
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Jefferson County Conservation Futures Program Manual
2022 Funding Cycle
Jefferson County Conservation Futures Program Manual
2022 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of public open
spaces,those open spaces being necessary for the health, welfare, benefit and safety of the residents of
Jefferson County and the maintenance of Jefferson County as a desirable place to live,visit and locate
businesses.
Conservation Futures Citizen's Oversight Committee Membership(as of November 30,2021)
Phil Andrus,Citizen,District#2
Mary Biskup, Citizen,District#1
Scott Brinton, Interest—Agriculture
Vacant, Citizen,District#3
Guy Dobyns, Citizen,District#3
Joanne Pontrello,Citizen,District#2
Rob Harbour, Interest—Working Lands
Richard Jahnke, Interest—Coastal Areas
Craig Schrader,Interest—Climate Change
Lorna Smith, Interest—Ecotourism
Dave Seabrook, Interest—Food Security
Ron Rempel—Wildlife Conservation Biology
David Wilkinson, Citizen,District#1
Table of Contents
Overview...................................................................................................3
Conservation Futures Citizen Oversight Committee(CF Committee)............................4
ProjectSelection...........................................................................................4
Information Sources......................................................................................4
Reimbursement ...........................................................................................5
Compliance with All Laws...............................................................................5
RecordRetention..........................................................................................6
AcquisitionProjects.......................................................................................6
Operation and Maintenance(O&M)....................................................................9
RequiredSite Visit......................................................................................I I
RequiredMeeting........................................................................................I I
AnnualReports...........................................................................................I I
ProjectChanges..........................................................................................12
ProgramSuggestions.....................................................................................13
Forms and Templates.....................................................................APPENDIX A
Project Agreement Template
Annual Report Form Template
Please note: The 2022 CF Application and Scoresheet are available separately from program
staff.
Map of Approved Projects...............................................................APPENDIX B
Definitions.................................................................................APPENDIX C
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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 tpokomy@co.jefferson.wa.us.The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,Jefferson County
Code Section 3.08,in accordance with the Revised Code of Washington(RCW)Chapter 84.34.The
ordinance establishes goals for the county's Conservation Futures Program and an allocation process for
the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands,including green spaces,greenbelts,fish
and wildlife habitat,trail rights-of-ways,agricultural land and timber land(as those terms are defined in
Ch. 84.34 RCW).Projects may include fee-simple or any lesser interest or development right with respect
to real property as well as operation and maintenance(O&M)activities.O&M projects must be linked
to 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.Open space,wildlife
habitat,agricultural and timber lands are all eligible.The project sponsor must sign a grant agreement
with the county(see Appendix A).County code(JCC 03.08.030(10))requires that properties or
easements be held by public entities or others as defined in RCW 84.34.210.Government entities may
choose to share title of a property with a non-profit nature conservancy corporation or association. Public
open spaces must be available on the same conditions to all residents of the county for the benefit of
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 25th,2022 and sponsors host site visits and
present projects to the CF Committee later in March and in April. Information about the application
period is posted on the program website,announced in local newspapers and via email,and available by
contacting 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. Funding for
reimbursement is generally not available until August or later.At least every other year,the BoCC
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2022 CF Program Manual FINAL
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reviews the priorities of the Conservation Futures Program and the project ranking process.All meetings
of the Conservation Futures Committee are open to the public.Citizens are encouraged to attend.
Conservation Futures Citizen Oversight Committee(CF Committee)
The CF Committee membership is intended to reflect a broad spectrum of interests and expertise. It
includes at least two individuals from each commissioner district and at least nine citizens total.Anyone
interested in applying for a seat on the committee is encouraged to contact the Board of County
Commissioners Office(jeffbocc@co jefferson.wa.us)and/or the program coordinator at Public Health.
Project Selection
The CF 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 CF Committee member(CFCM)independently reads and assesses
each application and prepares any necessary clarification questions.
2. Site visits: Each CFCM must attend the project site visits(or view a video of the site visit).Questions
may be posed by committee members and answered during this site visit or they may be held until the
project presentations meeting.
3. Oral presentation of the project: Each sponsor and CFCM 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 CFCMs to submit additional
questions to applicants(via county staff).After this set deadline for additional questions, a second
deadline will be established for the receipt of all answers from applicants.After this second deadline
no further additional information may be requested,received or considered by the committee.
4. Submission of project score sheets:Each CFCM 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 CF Committee)for each of the questions and it is weighted by a
predetermined multiplier. Individual scores for each project are recorded in a spreadsheet by the
program coordinator.This spreadsheet is emailed to Committee members as soon as all the scores are
available and entered as soon as possible ahead of the meeting to rank projects.
5. During the meeting to rank projects,Committee members 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 reasons for funding arise in the final
evaluation phase.
6. Ranking and recommendation for funding of project applications:Each project application judged
eligible in phase#4 is discussed,bringing into focus information garnered from phases 1 through 4
and in light of current funds available to the cycle.All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project applications and
submitted to the Board of County Commissioners in a memo from the CF Committee chair or vice
chair.The Committee will provide justification to the Commissioners for any and all changes from
the numerical ranked order.
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Information Sources
The Conservation Futures Program is administered by the Commissioners'Office with assistance from
Public Health. Please note that the information contained in this manual does not supersede the statutes
governing the Jefferson County Conservation Futures Fund and Program,and should be read in
conjunction with them.
Relevant sections of law are found in Revised Code of Washington, Chapter 84.34(RCW 84.34)and the
Jefferson County Code(JCC 03.08).
To access RCW 84.34 online,visit https://app.leg.wa.gov/rcw.The Jefferson County Code is available
online at http://www.codepublishing.com/WA/JeffersonCounty.
Contact the program coordinator at ph: 360/379-4498,fax: 360/379-4487 or email
tpokorny@co.jefferson.wa.us.
Reimbursement
All grants are funded by the Jefferson County Conservation Futures tax levy.After a public hearing is
held, one or more project award resolutions may be passed by the Board of County Commissioners,
usually in June or July. Project agreement(s)(Appendix A)between the County and the project sponsor
are then developed to include the full scope of work as described in the original or updated application.A
final draft grant deed of conservation easement or statutory warranty deed is requested to serve as an
attachment to the agreement along with the project application and that year's program manual.
Except in the case of escrow payments, sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time, an approved settlement
statement,the qualifying property appraisal, and the required documentation of the matching contribution,
CF funds may be made available to the title company shortly before closing for the direct costs of
property acquisition. Please discuss dates for closings with the program coordinator to help ensure that
grant funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution consistent with the project
application,and no less than the amount of conservation futures funds awarded to the project,before
conservation futures tax funds are reimbursed to that sponsor.This contribution may consist of:
• cash
• land trades if the valuation of the land to be traded is established by a valuation arising from an
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.
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2022 CF Program Manual FINAL
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If matching funds are not secured within three years,the project may be required to re-apply.
Conservation Futures language pre-approved by Jefferson County is required to be included in
conservation easement documents or statutory warranty deeds in order to ensure adequate protections for
project and match properties,and the public interest, in perpetuity.
Compliance with All Laws
Project sponsors shall comply fully with the project agreement,grant program policies,County policies
and all applicable federal, state and local laws,orders,regulations and permits.
Record Retention/Public Records Act
The project sponsor shall retain all books,records,documents, data and other materials relevant to the
agreement for a minimum of ten(10)years after the completion of the project. Documents related to the
expenditure of CF funds,by way of example only, purchase and sale agreements,settlement documents,
invoices, e-mails,expert reports and/or appraisals,are Public Records subject to disclosure in accordance
with the Public Records Act, Ch.42.56 RCW, if requested by a citizen or entity. All meetings and
activities of the CF Committee are subject to the Open Public Meetings Act,Ch. 42.30 RCW.The public
is always invited and encouraged to attend. Two observer comment periods are included in each agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria in order to
be considered for funding.Each application will receive an initial screening to make sure that it is in
compliance. Applicants are encouraged to submit pertinent materials and documents, as appropriate, in
addition to those items required. Multi-year acquisition projects are permitted but require additional
justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property,or property right,must be eligible for purchase as defined by state law,RCW
84. 34.210(i.e. "...protect,preserve, maintain, improve, restore, limit the future use of,or
otherwise conserve, selected open space land,farm and agricultural land,and timber
land...").
Conservation Futures funds cannot be used to acquire property,or a property right,that will
be used for active recreation purposes(including but not limited to sports fields,playgrounds,
recreation centers, swimming beaches or pools,motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site. For the
purposes of this application,passive improvements include,but are not limited to,trails,
interpretive centers,viewpoints,picnic areas, access,restrooms, landscaping and parking.
Applicant Eligibility
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Eligible applicants include the County,municipalities,Park Districts,State or federal agencies,
private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor.Eligible sponsors include county,municipalities,park
districts,or private non-profit corporations based in Jefferson County.A current,but not necessarily
comprehensive,list of eligible local sponsors may be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property,including interests in real property
_Cost of related relocation of eligible occupants(includes administration)
_Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%ofthe 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 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.
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The appraisal must:
be no more than I year old.A Supplemental Update by the original appraiser may be
required, at the discretion of the county, if the appraisal is more than six months old.
include a current Title Report provided at the time of the most current appraisal or
update.
if timber,mineral or aquatic resources are to be included as value to the appraisal,then
the appraisal shall include a separate timber,mineral or aquatic resources evaluation of
value,
or
an opinion of value from a qualified representative of the real estate industry or recent
valuation from the Jefferson County Assessor's Office may be used when the total
assessed value does not exceed$20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program. However,the CF Committee
and/or the county may choose to select an appraisal for independent review for any reason.
Project Implementation
At the time of purchase or the signing of a"purchase and sale agreement",the appraisal must be no
more than a year old unless an extended period is requested and approved by the county,up to a total
of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted electronically as one or more PDF files to
tpokorny a coJc11' rson.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)
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_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
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_Fencing(if needed for public safety or resource protection)
_Noxious weed control
—Signage
_Special site-specific reports(e.g.stewardship reports)
Wetland identification and/or delineation
Application and Attachment Requirements for O&MProjects
All requested materials must accompany the application upon submission. If an item is irrelevant to
the project at hand,please explain why this is so.
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 than50%)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.
Application and Attachment Requirements for O&M Projects
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To apply for O&M funding for a project previously purchased using CF Funds, use the standard
application form. In question#1,refer to the original project title and year that the project was
approved followed by"O&M Request Only".If you feel that a question is irrelevant to the project at
hand,please answer"N/A".
Required Site Visit
Project sponsors are asked to host the CF 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 CF Committee
members not in attendance at the site visit(s)due to health considerations or other needs.The images will
be kept on file and discoverable under the Open Public Records Act. If necessary,due to health and safety
or other considerations,the project sponsor will arrange for one or two County employees to tape the
video in the absence of any CF Committee members.
Required Meeting
The sponsor must request and reserve the date that the CF Committee will meet to hear project
presentations. The sponsor should attend the meeting in person,if possible,and make a presentation that
begins with an introductory project description and ideally is organized according to the sequence of
questions listed on the Score Sheet. CF Committee members are required to participate in both the project
presentation and ranking meetings as well as the site visit(or view the site visit video)in order to be
eligible to participate in funding recommendations.
Annual Reports
Sponsors are required to submit an annual report by December 3 1'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.
Reports
At their discretion,sponsors may provide annual reports to the CF Committee based on their own
monitoring documents. After five years,if no information is received about a project,the Committee is
more likely to request information about long-term monitoring activities.
Project
Changes
Project sponsors are expected to implement funded projects as described in their application to the CFF.
However,occasional changes may be necessary.This section describes the process by which a project
sponsor can initiate a request for change.A change occurs whenever the language contained in the
application to the Conservation Futures Fund no longer accurately or fully describes the project.
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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, requires that the CF Committee first develop a
recommendation for the BoCC to consider.
The Committee prefers that project change requests be presented as follows:
1. Send a"letter", addressed to the CF Committee and Board of County Commissioners,in an
email to the program coordinator describing the desired change(s)and need for it/them in as
much detail as possible. Also,characterize the level of urgency for addressing the possible
change. If at all possible, provide this information at least two weeks ahead of the next
scheduled full committee meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change in a Microsoft Word version of the original conservation futures
application, and the County/Sponsor resolution or agreement(as applicable), using Track
Changes. Label new attachments with the current date.Attach the document(s)to the email
described above.
3. When the change request is included on a draft agenda,the sponsor should make every effort to
attend that meeting in person or by phone/internet.
4. If the need for change is urgent,the Chair may call a special,ad hoc,meeting. However, such a
meeting requires that a quorum of committee members is available to approve any
recommendation to the BoCC.
5. The following requests are considered particularly significant:
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 CF Committee shall:
1. Review the request for change and ask questions of the project sponsor,as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote,consistent with the bylaws,on a motion to accomplish one or more of the
following:
a. Draft a statement to recommend the change for approval by the BoCC in its current
form
b. Ask the project sponsor to revise and resubmit the change request for a future meeting
c. Reject the change and submit a statement to the BoCC to accompany the request
Staff shall:
1. Work with the project sponsor and Committee chair to refine or clarify the change request
ahead of its presentation at the next Committee meeting, as needed.
2. Forward the change request and Committee recommendations to the BoCC for final
determination at a regularly scheduled meeting.
3. Work with the Committee,and subcommittee(s)as applicable,to learn from the change and
determine if related updates to program materials are needed.
Program Suggestions
Suggestions for program improvements are always welcome and may be provided to the Conservation
Futures Committee by letter or email via the program coordinator at the contact information on page 3.
Every CF Committee meeting also includes two public comment periods. Draft meeting agendas are
posted on the program website.
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Appendix A
GRANT AGREEMENT TEMPLATES(INFORMATIONAL ONLY)
Fee Simple Acquisitions:
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: [SPONSOR(UBI Number: xxx xxx xxx)]
Project Title: [PROJECT]
Contract Number: [xxxxxxx]
Approval: [Resolution No.]
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into
between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor),
[ADDRESS].
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County
Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No.
[NUMBER].
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
[SPONSOR] shall implement a Conservation Futures Program project to acquire in fee simple title [NUMBER]via
a statutory warranty deed of the parcels of land known in the records of the Jefferson County Assessor as APN#(s)
[NUMBERS](the Property),and as described in the[YEAR]Conservation Futures project application for[NAME]
(Exhibit B and [YEAR] Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution
[NUMBER] (Exhibit D). The statutory warranty deed shall prevent subdivision while allowing for native forest
management and habitat protections, or as described in the project application. Language must be included in the
statutory warranty deed to protect the County's interests and conservation values, including, at a minimum, the
following:
Grantee's costs of acquiring the Property were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of the statutory warranty deed, and to
obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby.
Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless
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and only if other equivalent lands or interest in lands within Jefferson County are received by
Grantee in exchange.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on February 15,2021 and end on February
15,2024 unless proof of match is provided prior to this date.Work performed consistent with this Agreement during
its term, but prior to the adoption of this Agreement, is hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 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.
Acquisition O& M Totals % 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.
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11. Indemnification
Sponsor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or
appointed officials or volunteers(and their marital communities),from and against all claims, losses or liability,or
any portion thereof,including reasonable attorney's fees and costs,arising from injury or death to persons,including
injuries, sickness, disease or death to Sponsor's own employees, or damage to property occasioned by a negligent
act, omission or failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's proportional
negligence. The Sponsor specifically assumes potential liability for actions brought against the County by Sponsor's
employees, including all other persons engaged in the performance of any work or service required of the Sponsor
under this Agreement and, solely for the purpose of this indemnification and defense, the Sponsor specifically
waives any immunity under the state industrial insurance law, Title 51 RCW The Sponsor recognizes that this
waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation.
For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this
Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement policies of insurance as
follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of
the Sponsor,Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory
minimum(s)as established by the State of Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all
owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of
not less than $500,000 each occurrence with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)
per occurrence and an aggregate of not less than two (2)times the occurrence amount ($2,000,000.00 minimum)
for bodily injury, including death and property damage, unless a greater amount is specified in the contract
specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and
include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
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* Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of
execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-
insured retention or the Sponsor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject
to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the Sponsor from any liability
under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including
its employees and other agents and agencies), it being the intention of the parties that the insurance policies so
affected shall protect both parties and be primary coverage for any and all losses covered by the above described
insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no
recourse against the County(including its employees and other agents and agencies)for payment of any premiums
or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the
above described insurance policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable,in excess of insured amounts provided
in this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Sponsor
until such time as the Sponsor shall furnish additional security covering such judgment as may be determined by
the County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts
and specific service agreements.
Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch.48.62
RCW shall be non-contributory with respect to any policy of insurance the Sponsor must provide in order to comply
with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured"to a policy obtained by the
Sponsor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then
it shall be the obligation of the Sponsor to obtain the full text of that endorsement and forward that full text to the
County.
The County may, upon the Sponsor's failure to comply with all provisions of this Agreement relating to insurance,
withhold payment or compensation that would otherwise be due to the Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or termination of this
Agreement.
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13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The
Sponsor is not as an agent,an employee or a servant of the County. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the parties. The Sponsor specifically has the right to
direct and control Contractor's own activities and over all of its subcontractors, employees, agents and
representatives in providing the agreed services in accordance with the specifications set out in this Agreement.
Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by virtue
of the services provided under this Agreement. The County shall not'be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Sponsor,or any employee of Sponsor. The Sponsor
agrees to file all necessary governmental documents,including appropriate tax returns,reflecting income status as
an independent contractor for services rendered to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written
consent of the County or its authorized representative. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
15. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in connection with the
services rendered under this Agreement shall be the property of the Sponsor whether the project for which they are
made is executed or not.The County shall be permitted to retain copies,including reproducible copies,of drawings
and specifications for information,reference,and use in connection with the Sponsor's endeavors.
16. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and
regulations,including RCW 84.34.210,and published agency policies,which are incorporated into this Agreement
by this reference as if fully set forth.
17. No Harassment of Discrimination
Any form of harassment,discrimination,or improper fraternization with any County employee is strictly prohibited.
The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual
orientation, or the presence of any physical or sensory disability in the selection and retention of employees or
procurement of materials or supplies.
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the services rendered
including all books, records, documents, receipts, invoices, and all other evidence of accounting procedures and
practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the
performance of this Agreement. The Sponsor's records and accounts pertaining to this Agreement are to be kept
available for inspection by the Office of the State Auditor,federal auditors,the Jefferson County Auditor,and any
persons duly authorized by the County shall have full access and the right to examine any of these materials during
this period for a period of ten(10)years after the date of the final payment to Sponsor. If any litigation, claim or
audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,
or audit findings involving the records have been resolved. Copies shall be made available upon request. Records
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and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the
property of the furnishing party, unless otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting, and
registration requirement/standards necessary for the performance of this Agreement.
20. Disputes
Except as otherwise provided in this Agreement,when a bona fide dispute arises between Jefferson County and the
Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator agreed upon by the
parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior Court.
Either party's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties; and,
C. the Sponsor's name, address and agency contact number.
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public
Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party
received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute
resolution is used. The parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,subject
to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney's
fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,federal,or other sources
are withdrawn,reduced, or limited in any way after the effective date of this Agreement.
22. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten(10)days written notice to the
Sponsor.
23. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this
Agreement without the express written consent of the County.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall
not constitute a waiver of any other provision.
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No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a
consent to, waiver of,or excuse of any other,different,or subsequent breach by either party.
No term or provision of this Agreement shall be considered waived by either party,and no breach excused by either
party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted.
Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any
action in connection with, shall not waive such breach or default.
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law, to determine if
Sponsor is complying with all applicable statutes, rules,codes ordinances or permits.
26. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to:
Sponsor Contact Conservation Futures Program Contact
Tami Pokorny
Jefferson County Environmental Public Health—
Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
27. Entire Agreement
This Agreement,along with all attachments,constitutes the entire agreement of the parties.No other understandings,
oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement
or the application of this Agreement to any person or circumstance shall be invalid, illegal,or unenforceable to any
extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be
enforceable to the fullest extent permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall
survive the term of this Agreement. Without limiting the generality of the preceding sentence,and for the avoidance
of doubt,the provisions that survive the term of this agreement include: (a)controlling law; (b) insurance; and, (c)
indemnification.
30. Binding on Successors,Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs and assigns.
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31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this
Agreement is for the benefit of any person or entity who is not a party.
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all
of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one
counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of
this Agreement,so long as all the parties execute a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary,to the extent any record,including any electronic,
audio,paper or other media,is required to be kept or indexed as a public record in accordance with the Washington
Public Records Act, Chapter 42.56 RCW (as may be amended), the Sponsor agrees to maintain all records
constituting public records and to produce or assist the County in producing such records, within the time frames
and parameters set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two
business days,notify the County by providing a copy of the request per the notice provisions of this Agreement.
This Agreement, once executed, shall be a"public record" subject to production to a third party if it is requested
pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington.This Agreement shall be
governed by and construed in accordance with the laws of the United States,the State of Washington and the County
of Jefferson, as if applied to transactions entered into and to be performed wholly within Jefferson County,
Washington between Jefferson County residents. No party shall argue or assert that any state law other than
Washington law applies to the governance or construction of this Agreement.
37. Order of Precedence.
If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and
rules;(b) local laws and rules; and,(c)case law.
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if such failure arises out
of causes beyond a party's control and without fault or negligence of such party, including but not limited to; (a)
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acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine
restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a)Each person signing this Agreement is fully authorized to enter into this
Agreement on behalf of the party for whom signature is being made;(b)Each party that is a corporate entity is duly
organized and validly existing in good standing under the laws of one of the states of the United States of America;
(c)The making and performance of this Agreement will not violate any provision of law or of any party's articles
of incorporation, charter, or by-laws; (d) Each corporate party has taken all necessary corporate and internal legal
actions to duly approve the making and performance of this Agreement and that no further corporate or other internal
approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this
Agreement,that the terms of this Agreement are contractual and not merely recitals, and that they have signed this
Agreement,having obtained the advice of legal counsel.
DATED this day of ,20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON [SPONSOR]
Board of County Commissioners
Jefferson County, Washington
By:
By: Signature
Heidi Eisenhour, Chair Date
Name:
By:
Greg Brotherton, Commissioner Date 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
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Scope of Work
[SPONSOR], as project sponsor"Sponsor", will perform the following tasks in order to implement the
[PROJECT]:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than [xx percent (xx%)] of the total project
cost.The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s)of no less than [xx%] of the total project cost.
Task 2: Acquire Statutory Warranty Deed
Sponsor shall acquire a statutory warranty deed grant deed on the Property that incorporates approved Conservation
Futures Program language, including the language in item"C"of this Agreement.
Deliverable 2a: Final draft statutory warranty deed.
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1).
Deliverable 2c: Recorded statutory warranty deed for subject parcels.
Deliverable 2d: Recorded statutory warranty deed(s)for match parcel(s),as applicable.
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D" of this Agreement and submit required
reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format provided for each
year that it is required.
Deliverable 4a: Completed annual reports.
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Exhibit A
Final Draft Statutory Warranty Deeds
Exhibit B
[202x] Conservation Futures [PROJECT]
Exhibit C
[202x] Conservation Futures Program Manual
Exhibit D
Resolution No. [NUMBER]
End Fee Simple Informational Template
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Conservation Easement Template:
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: [NAME&UBI NUMBER]
Project Title: [NAME]
Contract Number: [xxxx]
Approval: Resolution No. [NUMBER]
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement(this Agreement)is entered into
between Jefferson County(County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor),
[ADDRESS].
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County
Conservation Futures Fund,Chapter 3.08 of the Jefferson County Code(JCC),as approved by Resolution No.
[NUMBER].
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant deed of
conservation easement(Exhibit A)for the 28-acre property known in the records of the Jefferson County
Assessor as APN#(s) [NUMBERS] and as described in the [DATE] Conservation Futures project application for
the [NAME] Project(Exhibit B)and [DATE] Conservation Futures Program Manual(Exhibit C),and as
authorized by Resolution No. [NUMBER] (Exhibit D). The grant deed of conservation easement shall prevent
subdivision while allowing for forest management and habitat protections. Language must be included in the deed
of conservation easement to protect the County's interests and conservation values, including,at a minimum,the
following:
Grantee's costs of acquiring this Easement were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of this Easement, and to obtain the consent
of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC
3.08.030(9), this Easement shall not be converted to a different use unless and only if other
equivalent lands or interest in lands within Jefferson County are received by Grantee in
exchange.
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6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on [DATE] and end on [DATE], unless
proof of match is provided prior to this date. Work performed consistent with this Agreement during its term,but
prior to the adoption of this Agreement, is hereby ratified.
7. Annual Reporting Required
Annual reporting by the Sponsor to the County is required every year on or before December 31 st until three years
after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed$[AMOUNT].
The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of
the Project. The Sponsor shall be responsible for no less than [AMOUNT] ([AMOUNT]%)percent of the total
Project cost and all Project costs in excess of$[AMOUNT]. The contribution by the Sponsor toward work on the
Project shall be as indicated below. The contribution by the Conservation Futures Fund toward work on the
Project is described immediately above and in"C"above.
Acquisition O& M Totals % Match
[PROJECT $[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
Sponsor shall indemnify and hold harmless the County, its past or present employees,officers,agents,elected or
appointed officials or volunteers(and their marital communities), from and against all claims, losses or liability,
or any portion thereof, including reasonable attorney's fees and costs,arising from injury or death to persons,
including injuries, sickness,disease or death to Sponsor's own employees, or damage to property occasioned by a
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negligent act,omission or failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's
proportional negligence. The Sponsor specifically assumes potential liability for actions brought against the
County by Sponsor's employees, including all other persons engaged in the performance of any work or service
required of the Sponsor under this Agreement and,solely for the purpose of this indemnification and defense,the
Sponsor specifically waives any immunity under the state industrial insurance law,Title 51 RCW The Sponsor
recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject
of mutual negotiation. For the avoidance of doubt,the obligations in this section shall survive the expiration or
termination of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement policies of insurance as
follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s)in the status of employee or
employees separate from or in addition to any equity owners,sole proprietor,partners,owners or shareholders of
the Sponsor, Worker's Compensation Insurance in an amount or amounts that are not less than the required
statutory minimum(s)as established by the State of Washington or the state or province where the Sponsor is
located.
Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for
all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit
of not less than$500,000 each occurrence with the County named as an additional insured in connection with the
Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million dollars
($1,000,000)per occurrence and an aggregate of not less than two(2)times the occurrence amount
($2,000,000.00 minimum)for bodily injury, including death and property damage,unless a greater amount is
specified in the contract specifications.The insurance coverage shall contain no limitations on the scope of the
protection provided and include the following minimum coverage:
a. Broad Form Property Damage,with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability(M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)days of
execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of
the contract by the County.At the option of the County,the insurer shall reduce or eliminate deductibles or self-
insured retention or the Sponsor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish separate
certificates and endorsements for each subcontractor.All insurance provisions for subcontractors shall be subject
to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the Sponsor from any
liability under this Agreement,nor shall the insurance requirements be construed to conflict with or otherwise
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limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County
(including its employees and other agents and agencies), it being the intention of the parties that the insurance
policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above
described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies
shall have no recourse against the County(including its employees and other agents and agencies)for payment of
any premiums or for assessments under any form of policy.It is further agreed by the parties that any and all
deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable,in excess of insured amounts
provided in this Agreement,or any portion thereof,may be withheld from payment due,or to become due,to the
Sponsor until such time as the Sponsor shall furnish additional security covering such judgment as may be
determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts
and specific service agreements.
Any coverage for third party liability claims provided to the County by a"Risk Pool"created pursuant to Ch.
48.62 RCW shall be non-contributory with respect to any policy of insurance the Sponsor must provide in order to
comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the
Sponsor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,
then it shall be the obligation of the Sponsor to obtain the full text of that endorsement and forward that full text
to the County.
The County may,upon the Sponsor's failure to comply with all provisions of this Agreement relating to
insurance,withhold payment or compensation that would otherwise be due to the Sponsor.
For the avoidance of doubt,the obligations in this section shall survive the expiration or termination of this
Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement.The
Sponsor is not as an agent,an employee or a servant of the County. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties. The Sponsor specifically has
the right to direct and control Contractor's own activities and over all of its subcontractors,employees,agents and
representatives in providing the agreed services in accordance with the specifications set out in this Agreement.
Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by
virtue of the services provided under this Agreement.The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial insurance
program,otherwise assuming the duties of an employer with respect to Sponsor,or any employee of Sponsor.
The Sponsor agrees to file all necessary governmental documents,including appropriate tax returns,reflecting
income status as an independent contractor for services rendered to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written
consent of the County or its authorized representative.Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
15. Ownership and Use of Documents
All documents,drawings,specifications and other materials produced by the Sponsor in connection with the
services rendered under this Agreement shall be the property of the Sponsor whether the project for which they
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are made is executed or not. The County shall be permitted to retain copies, including reproducible copies,of
drawings and specifications for information,reference,and use in connection with the Sponsor's endeavors.
16. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and
regulations, including RCW 84.34.210,and published agency policies,which are incorporated into this
Agreement by this reference as if fully set forth.
17. No Harassment of Discrimination
Any form of harassment,discrimination,or improper fraternization with any County employee is strictly
prohibited.The Sponsor shall not discriminate on the grounds of race,color,national origin,religion,creed,age,
sex,sexual orientation,or the presence of any physical or sensory disability in the selection and retention of
employees or procurement of materials or supplies.
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the services rendered
including all books,records, documents,receipts, invoices,and all other evidence of accounting procedures and
practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the
performance of this Agreement. The Sponsor's records and accounts pertaining to this Agreement are to be kept
available for inspection by the Office of the State Auditor, federal auditors,the Jefferson County Auditor,and any
persons duly authorized by the County shall have full access and the right to examine any of these materials
during this period for a period of ten(10)years after the date of the final payment to Sponsor. If any litigation,
claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all
litigation,claims,or audit findings involving the records have been resolved. Copies shall be made available
upon request. Records and other documents, in any medium,furnished by one party to this Agreement to the
other party,will remain the property of the furnishing party,unless otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local,state and federal licensing,accreditation,permitting,and
registration requirement/standards necessary for the performance of this Agreement.
20. Disputes
Except as otherwise provided in this Agreement,when a bona fide dispute arises between Jefferson County and
the Sponsor and it cannot be resolved,either party may request a dispute hearing with a mediator agreed upon by
the parties, or if agreement cannot be made,the mediator shall be selected by the Jefferson County Superior
Court.Either parry's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties;and,
C. the Sponsor's name,address and agency contact number.
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
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judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute
resolution is used. The parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County, Washington,
subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney's
fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state, federal,or other
sources are withdrawn,reduced,or limited in any way after the effective date of this Agreement.
22. Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten(10)days written notice to
the Sponsor.
23. Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this
Agreement without the express written consent of the County.
24. No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement
shall not constitute a waiver of any other provision.
No consent by either party to, or waiver of,a breach by either party,whether express or implied, shall constitute a
consent to,waiver of,or excuse of any other,different,or subsequent breach by either party.
No term or provision of this Agreement shall be considered waived by either party, and no breach excused by
either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is
asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof,or delay in
taking any action in connection with, shall not waive such breach or default.
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty,except as required by federal or state law,to determine if
Sponsor is complying with all applicable statutes,rules, codes ordinances or permits.
26. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and delivered
to:
Sponsor Contact Conservation Futures Program Contact
[NAME] Tami Pokorny
Jefferson County Environmental Public
[ADDRESS] Health—Conservation Futures
615 Sheridan Street
Port Townsend, WA 98368
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These addresses shall be effective until receipt by one party from the other of a written notice of any
change.
27. Entire Agreement
This Agreement, along with all attachments, constitutes the entire agreement of the parties.No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision of this
Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal,
or unenforceable to any extent, the remainder of this Agreement and the application this Agreement
shall not be affected and shall be enforceable to the fullest extent permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of this
Agreement shall survive the term of this Agreement. Without limiting the generality of the preceding
sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include:
(a) controlling law; (b) insurance; and, (c) indemnification.
30. Binding on Successors,Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs
and assigns.
31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision
in this Agreement is for the benefit of any person or entity who is not a party.
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may be
sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by
the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart
of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as original
signatures.
34. Public Records Act
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Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including
any electronic, audio, paper or other media, is required to be kept or indexed as a public record in
accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be amended),the
Sponsor agrees to maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall,within
two business days, notify the County by providing a copy of the request per the notice provisions of this
Agreement.
This Agreement, once executed, shall be a"public record" subject to production to a third party if it is
requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,the
State of Washington and the County of Jefferson, as if applied to transactions entered into and to be
performed wholly within Jefferson County, Washington between Jefferson County residents. No party
shall argue or assert that any state law other than Washington law applies to the governance or
construction of this Agreement.
37. Order of Precedence
If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (a)
Applicable state statutes and rules; (b) local laws and rules; and, (c)case law.
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement, if such
failure arises out of causes beyond a party's control and without fault or negligence of such party,
including but not limited to; (a) acts of God; (b)terrorism or other acts of a public enemy; (c) war; or,
(d) epidemics, pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this
Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a) Each person signing this Agreement is fully authorized to
enter into this Agreement on behalf of the party for whom signature is being made; (b) Each party that is
a corporate entity is duly organized and validly existing in good standing under the laws of one of the
states of the United States of America; (c) The making and performance of this Agreement will not
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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
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JEFFERSON COUNTY WASHINGTON [NAME]
Board of County Commissioners
Jefferson County, Washington
By:
By: Signature
Heidi Eisenhour Date
Name:
By:
Greg Brotherton, Commissioner Date 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
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Scope of Work
[NAME], as project sponsor"Sponsor," shall perform the following tasks in order to implement the
[NAME] Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than seventy-nice percent
([AMOUNT]%)of the total project cost. The match must be in an eligible form consistent with JCC
3.08.030(5).
Deliverable la: Matching contribution(s) of no less than [AMOUNT]%of the total project cost.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor shall acquire a grant deed of conservation easement on the subject property, APN#(s) [APN
NUMBERS] that incorporates approved Conservation Futures Program language, including the
language in item "C"of this Agreement.
Deliverable 2a: Final draft grant deed of conservation easement
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded grant of conservation easement deed
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D"of this Agreement and submit
required reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format
provided for each year that it is required.
Deliverable 4a: Completed annual reports.
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Exhibit A
Grant Deed of Conservation Easement
Exhibit B
202x Conservation Futures[PROJECT]Application
Exhibit C
202x Conservation Futures Program Manual
Exhibit D
Resolution No. [NUMBER]
End Conservation Easement Informational Template
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Appendix B
APPROVED PROJECTS MAP
Conservatinnruturci
jeffersan Caunty,Wasldngtrm
C
L
LL.1r:-_
f T
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-7
r
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=I- C r
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Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee"means the Jefferson County conservation futures citizen
oversight committee established under this chapter.
"Conservation futures fund"means the Jefferson County conservation futures fund established under this chapter.
"Conservation futures tax levy"means that Jefferson County tax levy upon all taxable property in Jefferson
County authorized by RCW 84.34.230.
"County"means Jefferson County and/or its conservation futures citizen oversight committee.
"Cultural resources"means archeological and historic sites and artifacts, and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW. "Open space land"means the fee simple or any lesser interest or development right with respect
to real property including,but not limited to,conservation futures,easements, covenants or other contractual
rights necessary to protect,preserve,maintain, improve, restore, limit the future use of or conserve selected open
space land, farm and agricultural land and timber land(as those terms are defined in Chapter 84.34 RCW).
"Project"means open space land,or any lesser interest or development right in specific real property,to which
Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined
under this chapter. [Ord. 1-14 § 1; Ord. 6-02 § I]
"Silviculture"means the practice of controlling the establishment,growth,composition,health,and quality of
forests for the production of forest products.
38
2022 CF Program Manual FINAL
htti)://www.co.iefferson.wa.us/560/C onservation-Futures-Program
Exhibit D
Resolution No. 35 - 22
Ruck Salmon Creek 16 September 21, 2023
(C = F-TW T. I - W
1q74 .
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Ruck Salmon Creek Project as Authorized by and }
In Accordance with Jefferson County Code } RESOLUTION NO. 34 - 22
Section 3.08.030(7)to Provide a System of Public }
Open Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated VU
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Citizen Oversight Committee has reviewed
project applications for 2022 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, Jefferson Land Trust, as project sponsor, requests funding towards the fee simple acquisition
of one parcel of land in S27 T29N R2W with Assessor's Parcel Number 902272000 and to reimburse
operations and maintenance costs; and
WHEREAS, the County retains enough developable land to accommodate the Ruck
Salmon Creek project as well as the housing and employment growth that it is expected to receive, thus
satisfying the requirements of Chapter 449, Laws of 2005; and
WHEREAS, Jefferson County considers it in the best public interest to contribute
financially to this open space project.
NOW, THEREFORE BE IT RESOLVED that:
1. Jefferson County hereby dedicates up to $126,375 in conservation futures funds in the
2022 cycle towards escrow payments and/or reimbursement of eligible acquisition
expenses contingent upon presentation of a matching contribution of at least fifty
percent (50%). The sponsor anticipates that the matching contribution will be eighty-
one percent (81%) at the time of project completion.
2. Jefferson County hereby dedicates up to $8,625 in conservation futures funds to
reimburse for operations and maintenance expenses incurred within ten years of the
Resolution No. 34 - 22 re: Dedication of Conservation Futures Funds to the Ruck Salmon Creek
project
signing of this resolution contingent on a matching contribution of no less than the
amount of conservation futures funds requested.
3. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the
acquisition, is not received from the sponsor within three years of the signing of this
resolution.
APPROVED AND ADOPTED this I`day of August, 2022 in Port Townsend, Washington.
SEAL: JEFFERSON COUNTY
- BOARD OF COMMISSIONERS
- A)eidL��isenr
ATTEST: ber
arolyq.�Gallaway Approved Telephonically
Clerk of the Board Kate Dean, Member