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HomeMy WebLinkAbout66 23STATE OF WASHINGTON County of Jefferson In the Matter of Establishing a Conservation } Futures Program Application Period, Setting } An Estimated Amount of Conservation } Futures Funds Available, and Approving } Program Materials for Use in the 2024 } Conservation Future Funding Cycle; and } Amending the Bylaws of the Conservation } Futures Fund Citizen Oversight Committee } RESOLUTION NO. 6 6 — 2 3 WHEREAS, conservation futures tax levy collections, authorized under RCW 84.34.230, are an important means of retaining community character and accomplishing open space policies and objectives of the Jefferson County Comprehensive Plan, and; WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to acquire open space land, agricultural and timber lands, as defined in RCW 84.34.220, and; WHEREAS, the Conservation Futures Fund Citizen Oversight Committee and program staff have developed and revised program materials in accordance with Jefferson County Code Section 3.08.030, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), an application submission date shall be established no later than March 30, and; WHEREAS, under the provisions of the Jefferson County Code Section 3.08.030(1), public notice shall be provided at least one month prior to the application submission date, and; WHEREAS, Public Health has estimated the amount of Conservation Futures funds available for new acquisition and operations and maintenance projects in 2024, and; WHEREAS, the Conservation Futures Fund Citizen Oversight Committee has approved an update to their bylaws, and; WHEREAS, Jefferson County Board of County Commissioners considers it in the best public interest to establish the program application materials, period and available funding for the 2024 Conservation Futures funding cycle, NOW, THEREFORE BE IT RESOLVED by the Jefferson County Board of Commissioners as follows: 1. Jefferson County hereby approves of the 2024 draft Conservation Futures Program Manual, Application, and Score Sheet as amended. RESOLUTION NO. Establishing a Conservation Futures Program Application Period, Setting an Amount of Conservation Futures Funds Available, and Approving Program Materials for Use in the 2024 Conservation Futures Funding Cycle. 2. The Conservation Futures application period will commence January 3, 2024 and the application submission deadline will be March 22, 2024. 4. The total amount of Conservation Futures Funds available to the 2024 funding round is estimated to be $265,000. 5. Of this amount, up to $40,065 is estimated to be available to fund operations and maintenance projects. 6. The 2023 update to the Conservation Futures Fund Citizen Oversight Committee Bylaws will replace the previous version. � APPROVED AND ADOPTED this % day of eU 6x,- , 2023 in Port Townsend, Washington. SEAL: JEFFERS N COUNTY BOA1111111 COMMISSIONERS -44 eg Brotherton, Chair ATTEST: (?'aP4 KIdt Dean Member Carolyn allaway CMC Clerk of the Board H idi Eisenhour, Member DR,%F'I' Jefferson County Conservation Futures Fund Program Manual 20243 Funding Cycle Jefferson County Conservation Futures Fund Program Manual 20243 Funding Cycle Mission of the Conservation Futures Fund Program The mission of the Jefferson County Conservation Futures Fund Program is to provide a system of public open spaces, those open spaces being necessary for the health, welfare, benefit and safety of the residents of Jefferson County and the maintenance of Jefferson County as a desirable place to live, visit and locate businesses. Conservation Futures Fund Citizen's Oversight Committee (CFFCOC) Membership (as of November 20, 2023 ) Mary Biskup, Citizen, District 1 Guy Dobyns, Citizen, District 3 Rob Harbour, Interest — Working Lands Richard Jahnke, Interest — Coastal Areas CarnBree3enesChervl Lowe. Interest — IquityHabitat Values I4alyn MaFabVacant, District 3 Joanne Pontrello, Citizen, District 2 Ron Rempel, Interest — Wildlife Conservation Biology Craig Se`hr-adeFVacant, Interest Gli-aw4hange Jessica Randall, Interest — Ecosystem Services David Wilkinson, Citizen, District I VeeaWTom Erlichman, Citizen, District 2 Vacant, Interest Table of Contents Formatted: Indent: Left: 0" Overview...................................................................................................3 Conservation Futures Fund Citizen Oversight Committee CFFCOCC—li Cemmi#ee)...........................� Formatted: Font: Not Bold ProjectSelection...........................................................................................4 Information Sources......................................................................................4 Reimbursement...........................................................................................5 Compliancewith All Laws...............................................................................5 RecordRetention..........................................................................................6 AcquisitionProjects.......................................................................................6 Operation and Maintenance(O&M)....................................................................9 RequiredSite Visit...................................................................................... I I RequiredMeeting........................................................................................ I I AnnualReports...........................................................................................I 1 ProjectChanges..........................................................................................12 ProgramSuggestions.....................................................................................13 Forms and Templates.....................................................................APPENDIX A Project Agreement Templates Annual Report Form Template Please note: The 20243 C—FCFF Application and Scoresheet are available separately from program staff. Map of Approved Projects...............................................................APPENDIX B 20243 GKFF Program Manual FINAL DRAFT hglp www co Jefferson wa us/560/Conservation-Futures-Pro�am Definitions................................................................................. APPENDIX C Draft 20243 Program Calendar..........................................................APPENDIX D Overview Jefferson County welcomes your application to the Conservation Futures Program (CFCFF Program). Please do not hesitate to contact the program coordinator at Jefferson County Public Health with questions at Ph: 360/379-4498 or tpokorny@co.jefferson.wa.us. The Conservation Futures Program website address is http: //www. co. j efferson. 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 GKFF Program is to acquire open space lands, including green spaces, greenbelts, fish and wildlife habitat, trail rights -of -ways, agricultural land and forest land (as those terms are defined in Ch. 84.34 RCW). Projects may include fee -simple or any lesser interest or development right with respect to real property as well as operation and maintenance (O & M) activities. O & M projects must be linked to a past, or proposed, EFCFF-funded acquisition. A minimum 50% match is required for all project types. Match must be cash, land trades, the value of land to be traded, or other open spaces linked to the property under application. Lands primarily for their open space, wildlife habitat, agriculture and forest values and their associated non -monetized ecosystem service values 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 €emmil-project presentation to the CFFCOCGF Gmo w the stewardship plan and its implementation, and all County Formatted: Font: Not Bold contracting, reporting, and reimbursement requirements. Available funding is announced early -late 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 242th, 20243 and sponsors host site visits and present projects to the CFFCOC CT—Ge it',ee in mid -law -March ana�.� eF eady 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 CFFCOC G,ee-meets Formatted: Font: Not Bold 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. 20244 GFCFF Program Manual FINAL DRAFT hat .//w iw.co Jefferson wa us/560/Conservation-Futures-Program Approved project funds are not generally available to project sponsors until August or later. At least every other year, the BoCC reviews the priorities of the EFCFF Program and the project ranking process. All meetings of the CFFCOC C-FF Gem". e open to the public. Citizens are encouraged to attend. Formaaed: Fonr Not Bold Conservation Futures Fund Citizen Oversight Committee The CFFCOC ''FF-Ge ~ ai :ee-membership is intended to reflect a broad spectrum of interests and Fo_ rmatted Font Not Bold expertise. It includes at least two individuals from each commissioner district and at least nine citizens total. Anyone interested in applying for a seat on the committee is encouraged to contact the Board of County Commissioners Office Oeffbocc@co.jefferson.wa.us) and/or the program coordinator at Public Health. Project Selection The CFFCOC GFF Gemmil4ee 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. Final w-Written project application: Each CFFCOC GF,-,—CommWee member(GFFGN4) independently reads and assesses each application and prepares any necessary clarification questions. 2. Site visits: Each EFmemberFCM 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 Gil CFFCOC memberFCA4-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 GFCFFFCMs 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 GFCFFCOC memberl EA4 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 GF CFFCOCF 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 EF CFFCOC membersFC-Ms 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, Eli CFFCOC membersF=EA4s 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 Formatted: Font color: Auto 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 20243 GFCFF Program Manual FINAL DRAFT http://www.co..jefferson.wa.us/560/Conservation-Futures-Prom am submitted to the Board of County Commissioners in a memo from the C-FCFFCOC F Committee chair or vice chair. The CFFCOCEommittee must provide justification to the Commissioners for any and all changes from the numerical ranked order. NEW for 2024 - Preapplication Option: Applicants are encouraged to submit their application, complete or not, by the preapplication deadline. ttndent: Formaed: ILeft: 0.5, No bullets or Doing so allows the CFFCOC to ask more informed questions at the site visit. Information Sources The C-FCFF 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.lea.wa. ov/rcw.The Jefferson County Code is available online at httD://www.coder)ublishin2.com/WA/JeffersonCounty. Contact the program coordinator at ph: 360/379-4498 or email tpokomy@co.jefferson.wa.us. Reimbursement All grants are funded by the Jefferson County Conservation Futures Fund 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 20243 C—FCFF Program Manual FINAL DRAFT hal //www co.iefferson.wa.us/560/Conservation-Futures-Progywn other open spaces acquired within the previous two years that is situated either directly adjacent to or could, in the sole discretion of the county, be directly linked to the property under application. cost of appraisal, title insurance, closing costs, and other miscellaneous fees (See JCC 3.08.030(5).) Deeds and conservation easement documents must be recorded by the Jefferson County Auditor's Office within 30 days of closing. If matching funds are not secured within three years, the project may be required to re -apply. 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 GFCFFCOC c �'e: e-µ�� a-e subject to the Open Public Meetings Act, Ch. 42.30 RCW. The public is always invited and encouraged to attend. At least tT-wo 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). 20243 GFCFF Program Manual FINAL DRAFT hiq //ww,Z.co.iefferson.wa.us/560/Conservation-Futures-Program Conservation Futures funds cannot be used for passive development of a site. For the purposes of this application, passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnic areas, access, restrooms, landscaping and parking. Applicant Eligibility Eligible applicants include the County, municipalities, Park Districts, State or federal agencies, private non-profit corporations or associations, and private individuals. Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include county, municipalities, park districts, or private non-profit corporations based in Jefferson County. A current, but not necessarily comprehensive, list of eligible local sponsors may be requested from program staff. Eligible Capital Project Expenditures: (See also JCC 3.080.030(7)) Capital project expenditures or match may include: _Costs of acquiring real property, including interests in real property _Cost of related relocation of eligible occupants (includes administration) _Cost of appraisal _Cost of appraisal review _Cost of title insurance _Closing costs _Pro rata real estate taxes _Recording fees _Compensating tax _Hazardous waste substances reports _Directly related staff and administrative costs (These are limited to 5% of the total cost of the project.) _Related legal costs excluding the cost of preparing an application for conservation -futures funds. _Baseline documentation _Boundary survey _Cultural resources review (survey, excavation, on -site monitoring and data recovery) Conservation futures tax levy funds may not be used to acquire any real property or interest in real property therein through the exercise of the power of eminent domain. Stewardship Plan Prior to reimbursement, sponsors must provide a stewardship plan to the Cur C-O ffi_ i 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. 20243 GFCFF Program Manual FINAL DRAFT hM //www.co Jefferson wa us/560/Conservation-Futures-Program Appraisals Successful applicants must provide an independent appraisal (standard, narrative or M.A.I.) from a Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at the time that reimbursement is requested. In no case shall conservation futures funds dispersed exceed the grant amount awarded by the BoCC. No appraisal is required for properties assessed at $20,000 or less. The appraisal must: be no more than 1 year old. A Supplemental Update by the original appraiser may be required, at the discretion of the county, if the appraisal is more than six months old. include a current Title Report provided at the time of the most current appraisal or update. if timber, mineral or aquatic resources are to be included as value to the appraisal, then the appraisal shall include a separate timber, mineral or aquatic resources evaluation of value, or an opinion of value from a qualified representative of the real estate industry or recent valuation from the Jefferson County Assessor's Office may be used when the total assessed value does not exceed $20,000. Review Appraisals No appraisal review is required of the sponsor by the GFCFF program. However, the CFFCOC GFF 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 tpokornv(a�co.jefferson.wa us: Proof of Willing Seller: A "Willing Seller" letter confirming that the current owner of the property proposed for acquisition is willing to sell. Estimate of Value: A county assessment, certified appraisal of value, and/or an estimate of value from the project sponsor. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries, clearly identify the location of the proposed acquisition. Project Boundary Map: On a quarter -section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide six (6) different views of the property proposed for acquisition. The images should show vegetation, terrain, waterfront, man-made features, access roads, 20243 GFCFF Program Manual FINAL DRAFT htto://www.co iefferson.wa.us/560/Conservation-Fmtures-Program wetlands, unique characteristics, etc. Please include captions and an aerial view, if available. Development Plan or Narrative: Provide a schematic or master plan map of the project site showing proposed uses and improvements, if applicable. In addition, if the application sponsor is a private non-profit organization, attachments must also include: _Proof of 501(c)(3) Status _Current Budget _Board Roster _Organization Chart or Staff Roster Most Recent Financial Statements (audited if possible) _Copy of minutes or resolution documenting official action to submit application for proposed acquisition. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. Combination Acquisition/O & M Projects Projects that involve acquisition and O & M expenses are allowed and require that be4h sets e€comnlete application mateFiols information be submitted for both the acquisition and the O & M elements of the rr6ect. Operations and Maintenance Projects (combination or standalone) Statement of Priority with regard to standalone O & Mprojects 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 Fundsfor 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 (151/o) 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. 20243 CFCFF Program Manual FINAL DRAFT htt W www co iefferson wa us/560/Conservation-Futures-Program Sponsor Eligibility All applicants must have a local sponsor. Eligible sponsors include the County, municipalities, Park Districts, or private non-profit corporations based in Jefferson County. Eligible Operations & Maintenance Expenditures — Please note: (with acquisition request or standalone for past projects) — Please note: Total & Mawards are limited to 15% ofee revenue to the Conservation Futures Fund in the previous year. Operations & Maintenance expenditures or match may include, but are not limited to: _Cultural resources review (survey, excavation, on -site monitoring and data recovery) _Demolition _Fencing (if needed for public safety or resource protection) _Noxious weed control _Signage —Special site -specific reports (e.g. stewardship reports) Wetland identification and/or delineation Application and Attachment Requirements for O & Wrojects All requested materials must accompany the application upon submission. If an item is irrelevant to the project at hand, please explain why this is so. — Narrative description of how the requested funds will support specific O & M activities; what problems or stewardship needs will be addressed by the project; how the proposed O & M activities will help implement the current Stewardship Plan for the site; probable phasing of project activities; and other information that will help describe the need for and scope of the project. — Simple budget describing how requested funds will be used and the source of matching funds. Site Location Map: On a Jefferson County base map, or on a map of the sponsoring agency's jurisdictional boundaries, clearly identify the location of the proposed activities. Project Boundary Map: On a Quarter -section map or other map of sufficiently large scale, identify the boundaries of the proposed project. Color Images: Provide images of portions of the property proposed for O & M activities. Please include captions, if available. Plan, map, or aerial photo of the project site showing proposed areas of maintenance or improvements, if applicable. — Copy of minutes or resolution documenting official action of project sponsor to submit application for project funding. If more than one project is submitted from the same sponsor, the minutes or resolution should indicate the project priority and how it was determined. Documentation of Match A match contribution that equals the percentage of the project promised in the project application (no less than 50%) must be documented with each invoice. Match guidelines are identical for acquisition and O & M proposals. In -kind labor cannot be used as match. An expenditure summary that provides the following information must accompany billing: 1) Date the payment was made. 10 20243 GFCFF Program Manual FINAL DRAFT http://www.co. iefferson.wa.us/560/Conservation-Futures-Program 2) The vendor and/or employee to whom the payment was made. 3) A description of what was purchased or what work and/or services were performed; provide a description of what service or work was performed for the payroll costs or by the sub- contractor. Reporting Any project sponsor receiving O & M funds is required to submit a report each December until those funds are expended. Application and Attachment Requirements for O&M Projects To apply for O & M funding for a project previously purchased using CF Funds, use the standard application form. In question #1, refer to the original project title and year that the project was approved followed by "O & M Request Only". If you feel that a question is irrelevant to the project at hand, please answer "N/A". Required Site Visit Project sponsors are asked to host the CFFCOC C-PP CFimmi#AA n project site visit(s) and, beforehand, to obtain written permission from the landowner for a county employee to take photographs and make an unrestricted video recording of the project area. These materials are used to inform any CFFCMs not in attendance at the site visit(s) due to health considerations or other needs. The images will be kept on file and discoverable under the Open Public Records Act. If necessary, due to health and safety or other considerations, the project sponsor will arrange for one or two County employees to tape the video in the absence of any CFFCMs. Required Meeting The sponsor must request and reserve the date that the CFFCOCmeet 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. CFFCMs are required to participate in both the project presentation and ranking meetings as well as the site visit (or view the site visit video) in order to be eligible to participate in funding recommendations. Annual Reports Sponsors are required to submit an annual report by December 3 V 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. Additional Reporting 11 2024-3 EFCFF Program Manual FINAL DRAFT htto'//www oo Jefferson wa us/560/Conservation-Futures-Program Five years after the final requisite annual report is submitted, sponsors should provide an update on their stewardship and monitoring of the project. -At any pointtime subsequent to this, the CFFC or program staff may also inquire as to project status. I Commented ITPt]: Tressa setsy,Tom sachman Project Changes Formatted: Font: Bold Project sponsors are expected to implement funded projects as described in their application to the CFFCOCGFF. However, occasional changes may be necessary. This section describes the process by which a project sponsor can initiate a request for change. A change occurs whenever the language contained in the application to the Conservation Futures Fund no longer accurately or fully describes the project. A proposed project change, such as a cost increase, parcel substitution or removal, or change in funding category (acquisition or O & M) or match ratio, typically requires that the CFFCOC CFF-Ce�first develop a recommendation for the BoCC to consider. The CFFCOC " Gam. ,—�� tee prefers that project change requests be presented as follows: 1. Send a "letter", addressed to the C—FCFFCOC C-..:»ee and Board of County Commissioners, in an email to the program coordinator describing the desired change(s) and need for it/them in as much detail as possible. Also, characterize the level of urgency for addressing the possible change. If at all possible, provide this information at least two weeks ahead of the next scheduled full committee meeting for possible inclusion on the draft agenda. 2. Reflect the proposed change in a Microsoft Word version of the original conservation futures application, and the County/Sponsor resolution or agreement (as applicable), using Track Changes. Label new attachments with the current date. Attach the document(s) to the email described above. 3. When the change request is included on an agenda, the sponsor should make every effort to attend that meeting in person or by phone/intemet. 4. If the need for change is urgent, the Chair may call a special, ad hoc, meeting. However, such a meeting requires that a quorum of CFFCMs is available to approve any recommendation to the BoCC. 5. The following change requests are considered particularly significant, and always requires CFFCOC''F�mi:ee review and recommendation to the BoCC: a. Parcel substitution or removal b. Increase in funding amount c. Reduction in percentage match Loss of conservation value Change in funding category (acquisition and/or O & M) The CFFCOC C-FF Cam.. #ee 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: 12 20243 C-FCFF Program Manual FINAL DRAFT httV://www.co. jefferson.wa.us/560/Conservation-Futures-Program 1. Work with the project sponsor and CFFCOC Cff-Co Anittee-chair to refine or clarify the change request ahead of its presentation at the next CFFCOC `'FII meeting, as needed. 2. Forward the change request and CFFCCC_C-FF Genimiffeerecommendations to the BoCC for final determination at a regularly scheduled meeting. 3. Work with the CFFCOCC- F- Commitive, 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 CFFCOC EFF EewAnittee-by letter or email via the program coordinator at the contact information on page 3. Every CFFCOC QT--Gee�meeting also includes at least two public comment periods. Meeting agendas are posted on the program website. 20243 CFCFF Program Manual FINAL DRAFT 13 http,//www co Jefferson wa us/560/Conservation-Futures-Program 20243 GFCFF Program Manual FINAL DRAFT 14 htto'//www co Jefferson wa us/560/Conservation Futures Program Appendix A GRANT AGREEMENT TEMPLATE FOR FEE SIMPLE ACQUISITIONS S (INFORMATIONAL ONLY) 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 fundingfrom 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 15 20243 GFCFF Program Manual FINAL DRAFT htt ./fwww.co.iefferson.wa.us/560/Conservation-Futures-Program Formatted: Underline Formatted: Centered Commented [TP21: The reason for 2 Appendix As was that one is specific to fee simple acquisitions and the other to conservation easements. I removed the CE version and added this statement instead. 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 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 F xxxx and end on Formatted: Highlight ebm } i—. VMxxxx unless proof of match is provided prior to this date. Work performed consistent with this _ - -- Formatted: Highlight Agreement during its term, but prior to the adoption of this Agreement, is hereby ratified. Annual Reporting Required. Annual reporting by the Sponsor to the County is required every year on or before December 3 V until three years after the acquisition funds are dispersed and in each year O & M funds are used.. 8. Project Funding The total grant award provided by the Conservation Futures Fund for the Project shall not exceed A69,30Axxxx. ,---t Formatted: Highlight J 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 &k4y eft (5063%) percent of the total Project cost and all Project costs in excess of S447-,838xxxxxx The contribution by the Sponsor toward work on the Project Formatted: Highlight 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 Unexpended Project Allocations Should unexpected Project allocations, including (but not limited to) project completion at less than the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall notify the County within 30 days. 10. Modification of this Agreement All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties.= Period of performance extensions need only be signed by Jefferson Board of County Commissioners. 16 20243 GFCFF Program Manual FINAL DRAFT httL,,, w c-o-iefferson.wa.us/560/Conservation-Futures-Program IL Indemnification a. For its comparative liability, each party agrees to indemnify, defend and hold the other party, its officers, officials, employees, agents and volunteers (and their marital communities), harmless from and against any claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which are alleged or proven to be caused by an act or omission, negligent or otherwise, of its officers, officials, employees, agents or volunteers (and their marital communities). b. A party shall not be required to indemnify, defend, or hold the other party or its officers, officials, employees, agents and volunteers (and their marital communities) harmless if the claim, damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any damage to or destruction of any property (including the loss of use resulting therefrom) is caused by the sole act or omission of the other party or its officers, officials, employees, agents or volunteers. C. If any concurrent act occurs or omission of the parties and their officers, officials, employees, agents and volunteers, negligent or otherwise, these indemnity provisions shall be valid and enforceable only for the comparative liability of each party and its officers, officials, employees, agents or volunteers. d. The parties agree to maintain a consolidated defense to claims made against them and to reserve all indemnity claims against each other until after liability to the claimant and damages are adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon apportionment of damages and defense costs, they shall submit apportionment to binding arbitration. e. The indemnification obligations of the parties shall not be limited by the Washington State Industrial Insurance Act, Title 51 RCW, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act. Each party expressly waives any immunity afforded by such acts to the extent required by a party's obligations to indemnify, defend and hold harmless the other party, its officers, officials, employees, agents and volunteers (and their marital communities). A party's waiver of immunity does not extend to claims made by its own employees directly against that party as employer. The indemnity provisions of this section are a material inducement to enter into this Agreement and have been mutually negotiated. This section shall survive the expiration or termination of this Agreement. 12. Insurance Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. 17 20243 GFCFF Program Manual FINAL DRAFT htqL//www,co.iefferson.wa.us/560/Conservation-Futures-Prozmm 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 Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: -(a) Owned automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability — including coverage for products and completed operations; iv. Premises — Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an "occurrence" form. If the professional liability policy is "claims made," then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Contractor's sole expense. The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. The County shall be named as an "additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public 18 20243 GFCFF Program Manual FINAL DRAFT http://www.co.jefferson wa.us/560/Conservation-Futures-Program Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. Insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self -insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self -insured retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 1. Insurance companies issuing the Contractor's insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. in. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. 19 20243 CFCFF Program Manual FINAL DRAFT hqi //www.co.jefferson wa us/560/Conservation-Futures-Proms o. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. P. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. r. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. S. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. U. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail, return receipt requested. V. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. W. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 13. Workers Compensation (Industrial Insurance) a. If and only if the Contractor employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Contractor, the Contractor shall maintain workers compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. 20 20243 GFCFF Program Manual FINAL DRAFT hgi //www co.iefferson.wa.us/560/Conservation-Futures-Pro¢ram b. Workers compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. C. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction that would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 14. Independent Contractor The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. The Sponsor specifically has the right to direct and control Contractor's own activities and over all of its subcontractors, employees, agents and representatives in providing the agreed services in accordance with the specifications set out in this Agreement. Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Sponsor, or any employee of Sponsor. The Sponsor agrees to file all necessary governmental documents, including appropriate tax returns, reflecting income status as an independent contractor for services rendered to the County under this Agreement. 15. No Assignment The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16. Ownership and Use of Documents All documents, drawings, specifications and other materials produced by the Sponsor in connection with the services rendered under this Agreement shall be the property of the Sponsor whether the project for which they are made is executed or not. The County shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with the Sponsor's endeavors. 17. Compliance with Applicable Statutes, Rules, and Jefferson County Policies This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including RCW 84.34.210, and published agency policies, which are incorporated into this Agreement by this reference as if fully set forth. 21 20244 CFCFF Program Manual FINAL DRAFT hip //w".cojefferson.wa us/560/Conservation-Futures-Program 18. No Harassment of Discrimination Any form of harassment, discrimination, or improper fraternization with any County employee is strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory disability in the selection and retention of employees or procurement of materials or supplies. 19. Sponsor's Accounting Books and Records The Sponsor shall maintain complete financial records relating to this Agreement and the services rendered including all books, records, documents, receipts, invoices, and all other evidence of accounting procedures and practices which sufficiently and properly reflect all direct and indirect cost of any nature expended in the performance of this Agreement. The Sponsor's records and accounts pertaining to this Agreement are to be kept available for inspection by the Office of the State Auditor, federal auditors, the Jefferson County Auditor, and any persons duly authorized by the County shall have full access and the right to examine any of these materials during this period for a period of ten (10) years after the date of the final payment to Sponsor. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Copies shall be made available upon request. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. 20. Licensing, Accreditation and Registration The Sponsor shall comply with all applicable local, state and federal licensing, accreditation, permitting, and registration requirement/standards necessary for the performance of this Agreement. 21. Disputes Except as otherwise provided in this Agreement, when a bona fide dispute arises between Jefferson County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with a mediator agreed upon by the parties, or if agreement cannot be made, the mediator shall be selected by the Jefferson County Superior Court. Either party's request for a dispute hearing must be in writing and clearly state: a. the disputed issue(s); b. the relative positions of the parties; and, C. the Sponsor's name, address and agency contact number. Requests for dispute hearings must be mailed to the Project Manager, Jefferson County Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties shall split evenly the cost of mediation or whatever form of dispute resolution is used. The parties shall bear their own costs and attortey'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. 22 20243 GF-CFf Program Manual FINAL DRAFT htt� //www cQjefferson wa us/560/Conservation-Futures-Program 22. Termination for Funding Jefferson County may unilaterally terminate this Agreement in the event funding from state, federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of this Agreement. 23. Termination for Convenience The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Sponsor. 24. Assignment The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any interest in this Agreement without the express written consent of the County. 25. No Waiver Waiver by any party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. No term or provision of this Agreement shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 26. County Does Not Assume Additional Duties The County does not assume any obligation or duty, except as required by federal or state law, to determine if Sponsor is complying with all applicable statutes, rules, codes ordinances or permits. 27. Agreement Representatives All written communications sent to the Sponsor under this Agreement shall be addressed and delivered to: Sponsor Contact 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. 28. Entire Agreement This Agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 23 20243 GFCFF Program Manual FINAL DRAFT h_ptt '//www oo Jefferson wa us/560/Conservation-Futures-Program 29. Severability Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 30. Survival Those provisions of this Agreement that by their sense and purpose should survive the term of this Agreement shall survive the term of this Agreement. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c) indemnification. 31. Binding on Successors, Heirs and Assigns This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest, heirs and assigns. 32. No Third -party Beneficiaries The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 33. Signature in Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Agreement at different times and places by the parties shall not affect the validity of this Agreement, so long as all the parties execute a counterpart of this Agreement. 34. Facsimile and Electronic Signatures The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 35. Public Records Act Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42_56 RCW (as may be amended), the Sponsor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, shall be a "public record" subject to production to a third party if it is requested pursuant to the Washington Public Records Act. 36. Effective Date of this Agreement This Agreement shall be effective upon signing by all parties 24 20243 GFCFF Program Manual FINAL DRAFT httt //www sjefferson wa us/560/Conservation-Futures-Progc 37. 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. 38. Order of Precedence. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable state statutes and rules; (b) local laws and rules; and, (c) case law. 39. Force Majeure Neither party shall be in default by reason of any failure in performance of this Agreement, if such failure arises out of causes beyond a 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. 40. Attachments Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement 41. Representations and Warranties The parties represent and warrant that: (a) Each person signing this Agreement is fully authorized to enter into this Agreement on behalf of the party for whom signature is being made; (b) Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; (c) The making and performance of this Agreement will not violate any provision of law or of any 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) 25 20243 EFCFF Program Manual FINAL DRAFT hgLwww co iefferson.wa.us/560/Conservation-Futures-Prooam JEFFERSON COUNTY WASHINGTON ISPONSORI Board of County Commissioners Jefferson County, Washington By: Greg BmthertonNeidi- ar, Chair Date By: Signature Name: By: Title: Heidi EisenhourG-ete-ft;-Commissioner Date Date: Rv- 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 26 20243 GF!�—FF Program Manual FINAL DRAFT htto'//www co ifferson wa us/560/Conservation-Futures-Pro�am APPENDIX A (to the agreement template) 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. 27 20243 C-FCFF Program Manual FINAL DRAFT hgl //www oo Jefferson wa us/560/Conservation-Futures-Progam 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 28 20243 CFCFF Program Manual FINAL DRAFT http.//www co iefferson wa us/560/Conservation-Futures-Protuam Appendix B APPROVED PROJECTS MAP 14 -Z X " V II Nl� W- A— Z 29 20243 CFCFF Program Manual FINAL DR -AFT htty,//www.co.iefferson.wa.us/560/Conservation-Futures-Prouam 20243 C-FCFF Program Manual FINAL DRAFT 30 hW //www co iefferson wa us/560/Conservation Futures Program ANNUAL REPORT FORM TEMPLATE Jefferson County Conservation Futures Program Annual Project Reporting Form TEMPLATE Project Name: Project Objectives: Parcel Number(s): Total Acreage: Month and year that GFCFF funding was awarded: Amount of GFCFF award: ❑ Easement Title: Grantor: Grantee: Date of Acquisition: Purchase price: ❑ Fee Simple Seller: Date of Acquisition: Purchase price: Entity responsible for stewardship: Plans or agreements pertaining to this acquisition: O & M funds received since acquisition (list by year): Existing and on -going activities and projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): New events, activities, projects (for each O & M activity that has occurred since October 1 of the previous year, please provide supporting documentation): Needs and challenges: General progress towards project's objectives: Completed by: Title: Organization: Signature 20243 GFCFF Program Manual FINAL DRAFT http://www co Jefferson wa us/560/Conservation-Futures-Program Date 31 Appendix C DEFINITIONS "Conservation futures citizen oversight committee" means the Jefferson County conservation futures citizen oversight committee established under this chapter. "Conservation futures fund" means the Jefferson County conservation futures fund established under this chapter. "Conservation futures tax levy" means that Jefferson County tax levy upon all taxable property in Jefferson County authorized by RCW 84.34.230. "County" means Jefferson County and/or its conservation futures citizen oversight committee. "Cultural resources" means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. "Open space land" means the fee simple or any lesser interest or development right with respect to real property including, but not limited to, conservation futures, easements, covenants or other contractual rights necessary to protect, preserve, maintain, improve, restore, limit the future use of or conserve selected open space land, farm and agricultural land and timber land (as those terms are defined in Chapter 84.34 RCW). "Project" means open space land, or any lesser interest or development right in specific real property, to which Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined under this chapter. [Ord. 1-14 § 1; Ord. 6-02 § 1] "Silviculture" means the practice of controlling the establishment, growth, composition, health, and quality of forests for the production of forest products. 32 20243 EFL Program Manual FINAL DRAFT hnn://www.co.iefferson wa us/560/Conservation-Futures-Program Appendix D DRAFT 20243 PROGRAM CALENDAR WE February 21, 2024 4pm — 6pm Past Projects Review Meeting FR March 1, 2024 Preapplications due TU March 12, 2024 9am — 5pm Site visits rain or shine (alternatively by video) FR March 22, 2024 by midnight — Final project applications due to staff from applicants (email only,) TU April 2, 2024 2pm-5pm (new timeframe — shorter if fewer projects) — Final project interviews — Hybrid — In person location TBD TU April 9 2024 Deadline for additional questions for applicants (through staff) TU April 16 2024 Deadline for applicants to respond to questions (through staff) FR April 19, 2024 (somewhat flexible deadline) Provide scores to staff TU April 23, 2024 2pm-5pm (shorter if fewer proiects) —Score Rank and Recommend Meeting= Hybrid — In person location TBD May/June — Presentation of Recommendations to BoCC 33 20243 GFCFF Program Manual FINAL DRAFT http://www.co. iefferson.wa.us/560/Conservation-Futures-Program Formatted: Line spacing: 1.5 lines Formatted: Line spacing: 1.5 lines 1:44w�$ON �oG� 20243 Jefferson County Conservation Futures Program ti Property Acquisition Project and/or Operations and Maintenance Project Application �SNIN��� Please complete the following application in its entirety. Be sure to answer "N/A"for questions that don't apply to the project. Incomplete applications will not be accepted for consideration. Unless directed otherwise, use as much space as needed to answer each question. Contact program staff at 379-4498 or tpokorny@co.iefferson.wa.us with questions. Background and Eligibility Information Project Title 2. Conservation Futures Acquisition Request: Conservation Futures O&M Request: 3. Total Conservation Futures Request: 4. Please indicate the type of interest contemplated in the acquisition process. Warranty Deed _ Easement _ Other (Please describe below.) In whose name will the property title be held after acquisition? 5. Applicant Information Name of Applicant or Organization: Contact: Title: Address: Phone: O - , ext. Email 6. Sponsor Information: (tf d fferent than applicant) Organization Name: Contact: Title: Address: Phone: () - , ext. Fax: (_� - , ext. Fax: (_ext. Email: This application was approved by the sponsor's legally responsible body (e.g., board, council, etc.) on , 20_ 7. Project Location Street Address or Description of Location: 1 20243 CF Program Application- bQPAFT Driving Directions from Port Townsend: Section: Township: Range: Assessor's Parcel Number(s): Please differentiate current and proposed ownership of each APN and indicate if the parcel is to be acquired with CF funds or used as match. Please list the assessed values for each property or APN, as applicable. 8. Existing Conditions New Site: Yes No Addition to Existing Site: Yes No Total Project Acreage (if different):_ Existing Structures/Facilities: Number of Parcels: Acres to Be Acquired: Current Zoning: Any current covenants, easements or restrictions on land use: Current Use: Waterfront (name of body of water): Shoreline (linear feet): Owner Tidelands/Shorelands: 9. Current Property Owner _ is _is not a willing seller. Project Description 10. In 1,000 words or less, provide a summary description of the project, the match, overarching goal, and three top objectives. For each objective, identify the metric(s) that will be measured to determine if the objective is being achieved and the timeframe for meeting the identified metric. Include information about the physical characteristics of the site that is proposed for acquisition with Conservation Futures Program funds including: vegetation, topography, surrounding land use, and relationship to parks, trails, and open space. Describe the use planned for the site, any development plans after acquisition (including passive development), characteristics of the site which demonstrate that it is well -suited to the proposed use, and plans for any structures currently on the site. If applicable, describe how the site project relates to a larger conservation program (please identify), and whether the project has a plan, schedule and funding dedicated to its completion. Please also list any important milestones for the project or critical dates, e.g. grant deadlines. List the dates and explain their importance. Please attach a spreadsheet of the budget. 2 20243 CF Program ApplicationT DRAFT 11. Estimate costs below, including the estimated or appraised value of the propert(ies) or property right(s) to be acquired, even if Conservation Futures funds will only cover a portion of the total project cost. In the case of projects involving multiple acquisitions, please break out appraisals and estimated acquisition costs by parcel. Estimated or Appraised Value of Propert(ies) to be Acquired: Total Estimated Acquisition -related Cost (see Conservation Futures Manual for eligible costs): Total Operation and Maintenance Cost: Total Project Cost: Basis for Estimates (include information about how the property value(s) was determined, anticipated acquisition - related costs, general description of operation and maintenance work to be performed, task list with itemized budget, and anticipated schedule for completion of work): O & M only go to question #15: 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? I a. Sponsor or other organizations _will will not contribute to acquisition of proposed site and/or operation and maintenance activities. 1 b. If applicable, please describe below how contributions from groups or agencies will reduce the need to use Conservation Futures program funds. I c. Matching Fund Estimate Acquisition O&M % Conservation Futures Funds Requested _% Matching Funds/Resources* _% Total Project Acquisition Cost 100% * If aprior 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 funds/resources Amount of Contribution contribution approved? $ Yes No $ Yes No $ Yes No $ Yes No If not, Contribution If not, when? available now? when? Yes No Yes No Yes No Yes No NOTE: Matching funds are strongly recommended and a higher rating will be assigned to those projects that guarantee additional resources for acquisition. Donation of property or a property right will be considered as 3 20243 CF Program Application LDRAFT a matching resource. Donation of resources for on -going maintenance or stewardship ("in -kind " contributions) are not eligible as a match. 2. To what degree does the project sponsor commit to provide long-term stewardship for the proposed project? 2 a. Sponsoring agency _is _is not prepared to provide long-term stewardship (easement monitoring, maintenance, up -keep, etc.) for the proposed project. 2 b. Describe any existing programs or future plans for stewardship of the property, including the nature and extent of the commitment of resources to carry out the stewardship plan. 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? 3 a. Describe the sponsoring agency's previous or on -going stewardship experience. 3 b. Has the project sponsor and/or applicant been involved in other projects previously approved for Conservation Futures funding? No, neither the sponsor nor applicant has been involved in a project previously approved for Conservation Futures funds. Yes, the sponsor and/or applicant for this project has been involved in a project previously approved for Conservation Futures funds. Please provide details: 4. To what degree is the acquisition feasible? 4 a. Property _can _cannot feasibly be acquired in a timely fashion with available resources. 4 b. Necessary commitments and agreements are _are not in place. 4 c. All parties _are _are not in agreement on the cost of acquisition. If "not" to any of the above, please explain below. 5. To what degree is the project a part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? The proposed acquisition _is specifically identified in an adopted open space, conservation, or resource preservation program or plan, or community conservation effort, that is publicly available. Please describe below, including this project's importance to the plan. Please also reference the website of the plan if available or include the plan with this application. _complements an adopted open space or conservation plan, but is not specifically identified. Please describe below, and describe how the proposed acquisition is consistent with the plan. —is a stand-alone project. 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? 6 a. The proposed acquisition site _does _does not provide a conservation or preservation opportunity which would otherwise be lost or threatened. 4 20243 CF Program Application-RNA-LDRAFT 6 b. If applicable, please carefully describe the nature and immediacy of the opportunity or threat, and any unique qualities about the site. 7. Are the conservation values of the project commensurate with or greater than the amount of CF funds requested, and will both the timeframes for meeting project objectives and associated metrics demonstrate achievement of the conservation objectives? 7 a. Summarize the project's conservation values and how the CF funds requested support these values. 7b. Summarize how the project's conservation values are related to the project's specific objectives. 8. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? 8 a. provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal (NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species (provide list and references). 8 b. provides habitat for a variety of native flora or fauna species. 8 c. contributes to an existing or future wildlife corridor or migration route. If affirmative in any of the above, please describe and list the Priority Habitats) and Threatened, Endangered, or Sensitive species below, and cite or provide documentation of species ' use. 1 8 d. Does the current owner participate in conservation programs that enhance wildlife habitat? If so, please provide details. 9. To what degree does the project protect habitat for anadromous fish species? 9 a. Describe to what degree the project protects habitat for anadromous fish species (for example: marine shorelines, stream or river corridors including meander zones, and riparian buffers). Please provide documentation and maps that demonstrate the location, quality and extent of the existing buffer and adjoining habitat. 10. To what degree does the project preserve farmland for agricultural use OR forestland for silvicultural use? 10 a. Describe the extent and nature of current and planned agricultural or silviculture use of the proposed acquisition, including any anticipated changes to that use once the property, or property right, is acquired with Conservation Futures funds. 10 b. Describe the current owner's record of implementing management practices that preserves and/or enhances soil, water quality, watershed function and wildlife habitat. 10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat. 10 d. Does this project preserve a mix of quality farmland and forestland? 1 See, for example, http://www dnr wa gov/researchscience/topics/naturalheritage/ a eg_s/amp nh.gWx http://www.wdfw.wa.gov/conservation/phs/list/ http://wwwl.dnr.wa.gov/nhp/refdesk/plants.html httD://wwwl.dnr.wa.cov/nhD/refdesk/t)ubs/wa ecological systems.odf 2024-3 CF Program Application FINALDRAFT 11. Climate change: 11 a. To what degree does this project increase resiliency to and/or mitigate climate change, and is the project's scale significant in regards to increasing climate resiliency? 12. What area does the project serve? 12 a. Describe how the proposed acquisition benefits primarily a _local area broad county area injcluding the area served, the nature of the benefit, the jurisdictions involved, and the populations served. 12 b. Is the project located in an area that is under -represented by CF funded Projects? Areas that Conservation Futures has not been able to support to date include, Toandos Peninsula, Dosewallips Valley, Bolton Peninsula, and the West End. 13. To what degree will the acquisition provide educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project? 13 a. Describe the educational or interpretive opportunities that exist for providing public access, educational or interpretive displays (signage, kiosks, etc.) on the proposed site, including any plans to provide those improvements and any plans for public accessibility that will not reduce the conservation value(s) of the project.' 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 _ is registered with the National Register of Historic Places, or an equivalent program. _ is recognized locally has having historic or cultural resources. _ is adjacent to and provides a buffer for a historic or cultural site. none of the above. If affirmative in any of the above, please describe below, and cite or provide documentation of the historical cultural resources. All O & M c*-.,d "lone 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. ' 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. on 20243 CF Program ApplicationbDRAFT Verification 16. Sponsor commitments: 16 a. Sponsors of projects that are approved for funding by the Board of County Commissioners are required to submit a brief progress report by October 30 every year for three years after the award is approved, or three years after the acquisition funds are disbursed to the applicant, whichever is later. The progress report must address any changes in the project focus or purpose, progress in obtaining matching funding, and stewardship and maintenance. Sponsors receiving O & M funds will also submit an annual report for each year that O&M funds are expended. The Committee will use the information to develop a project "report card" that will be submitted annually to the Board of County Commissioners. 16 b. If this project is approved for funding, I understand the sponsor is required to submit progress reports for three years and for any year in which O & M funds are expended. Initials Date 16 c. If, three years after the date funding is approved by the Board of County Commissioners, the project sponsor has not obtained the required matching funds, the Committee may request the Board of County Commissioners to nullify their approval of funds, and may require the project to re -apply. If this project is approved for funding, I understand that we may be required to re -submit the application if the project sponsor does not obtain the necessary matching funding within three years. Initials Date 16 d. The applicant has reviewed all project requirements and all information in the application is accurate to the best of their knowledge. Initials Date 16 e. The sponsor commits to providing long-term stewardship to achieve the conservation and protection goals of the project as proposed in this application or as may be modified with recommendation of the CF Committee and approval of the BoCC. Initials Date 7 20243 CF Program ApplicationbDRAFT 44w�,ON 20243 Jefferson County Conservation Futures Program �S> N Score Sheet Name Proj ect Please note: if none of the answers provided describe the project, answer "N/A" or 40". ADJUSTED CRITERIA SCORE X WEIGHT = SCORE 1. To what degree does the project leverage contributions for acquisition from groups, agencies or individuals? X 5 = (Points awarded based on the following level of contribution) • Leverages significantly = 3 points • Leverages moderately = 2 points • Meets requirement = 1 point 2. To what degree does the project sponsor commit to provide long-term stewardship for the proposed project? X 5 = 0-3 points 3. To what degree has the project sponsor demonstrated effective long-term stewardship of a similar project? X 1 = • Highly demonstrated = 5 points • Moderately demonstrated = 3 points • Slightly demonstrated = 1 point • Effectiveness not demonstrated = 0 points 4. To what degree is the acquisition feasible? X 5 = • Highly feasible = 5 points • Moderately feasible = 3 points • Slightly feasible = 1 point 5. To what degree is the project part of an adopted open space, conservation, or resource preservation program or plan that was open to public review and comment, or identified in a community conservation effort that provided opportunities for public input? • Public input opportunities and plan/program is directly related = 3-5 points • Public input but plan is general in nature, anddoes not specifically apply to this project = 2-4 points • Plan or program was developed without public input = 1-2 points X4= 1 20243 CF Program Score Sheet DRAFTFINPrI. 6. To what degree does the project conserve opportunities which are otherwise lost or threatened? X 6 = Sliding scale: 1-5 points 7. Are the conservation values of the project commensurate with or greater than the amount of CF funds requested, and will both the timeframes for meeting project objectives and associated metrics demonstrate achievement of the conservation objectives? X 10 = _ Sliding scale: 0-5 points 8. To what degree does the project preserve habitat for flora and fauna other than habitat for anadromous fish species? (Points awarded in part based on level of documentation.) a. State of Washington Priority Habitat specific to the project and/or State or Federal (NOAA and USFWS) Candidate, Endangered, Threatened or Sensitive species (provide list and references) = 0-3 points X 3 = b. Variety of native flora & fauna = 0-3 points X 3 = c. Provides wildlife corridor or migration route = 0-3 points X 3 — d. Current owner participates in conservation programs that enhance wildlife habitat = 0-3 points X 3 = 9. To what degree does the project protect habitat for anadromous fish species? Sliding scale: 0-5 points X 3 = 10. To what degree does the project preserve farmland for agricultural use OR forestland for silvicultural use? a. Likely will maintain active agricultural or silvicultural use = 0-3 points X4= b. Current owner has a record of implementing management practices that preserves and/or enhances soil, water quality, watershed function and wildlife habitat = 0-3 points X4= c. Property acquisition or proposed easement will likely preserve and/or enhance soil, water quality, watershed function and wildlife habitat = 0-3 points X 4 — d. Does this project preserve a mix of quality farmland and forestland? = 0-3 points X2= 11. To what degree does this project increase resiliency to and/or mitigate climate change, and is the project's scale significant in regards to increasing climate resiliency? • Direct benefit and significant in scale = 2-3 points X 5 = • Indirect benefits and minor impact based on scale = 0-2 points 12. To what degree does the project serve: a. A significant benefit area? Sliding scale: 1-3 points X4= b. Is the project located in an area that is under -represented by CF funded projects? Sliding scale: 0-3 points X4= 2 20243 CF Program Score Sheet DRAFT6 13. To what degree will the acquisition provide educational opportunities, interpretive opportunities, and/or serve as a general community resource that does not reduce the conservation value(s) of the project? X4= • Public access, with planned or educational/interpretive displays and materials, events or activities that will not reduce the conservation values of the project = 5 points • Limited public access, available space for signage and educational materials = 3 points • Remote location = I point • No opportunity = 0 points 14. To what degree does the project preserve historic or culturally significant resources". X 3 = • Project is registered with the National Register of Historic Places, or an equivalent program = 3 points • Project is recognized locally as having historic or cultural resources = 2 points • Project is adjacent to and provides a buffer for a historic or cultural site = 1 point • None of the above = 0 points 15. For standalone O & M projects only (Sliding scale 0-100 for O & M standalone): Please describe in detail, the reason O & M funds are needed, proposed O & M activities, and how they protect resources cited in the original acquisition project. Attach additional information such as up-to-date stewardship plan, maps, field reports, work plan, budget, timeline, etc., to support the application, if appropriate. O & M projects must address a compelling, immediate need. Specifically include whether the project has an up-to-date stewardship plan. If there is such a plan, is it being implemented and is the proposed O & M work specifically included in the plan? Also, describe any unforeseen or urgent threats to the resource conservation values of the site and whether the proposed O & M activities will mitigate those threats and/or prevent potential future threats. • Is the proposed O & M work specifically described in the applicable stewardship plan? • Do the O & M funds address a compelling, immediate need? • Is the proposed O & M work specifically included in the stewardship plan? • Application addresses an unforeseen or urgent threat to the resource conservation values of the site? • Proposed activity mitigates or prevents potential future threats to the resource conservation goals of the project? ' Cultural resources means archeological and historic sites and artifacts, and traditional religious ceremonial and social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44 and 27.53 RCW. 3 20243 CF Program Score Sheet DRAFTFINA Jefferson County Conservation Futures Fund Citizen Oversight Committee Bylaws Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws Contents 1 NAME AND PURPOSE.......................................................................................................... 2 2 AUTHORITY......................................................................................................................... 2 3 PROGRAM GOALS AND PRESERVATION CRITERIA.............................................................. 2 4 ROLE OF THE DEPARTMENT OF PUBLIC HEALTH................................................................ 3 5 FUNCTIONS AND DUTIES OF THE CFFCOC.......................................................................... 4 6 COMPOSITION OF THE CFFCOC.......................................................................................... 5 7 CFFCOC OFFICERS............................................................................................................... 5 8 COMMITTEE MEMBERS VACANCIES, LEAVES OF ABSENCE, AND ATTENDANCE ............... 6 9 SUB -COMMITTEES OF THE CFFCOC.................................................................................... 6 10 CFFCOC MEMBER ROLES AND RESPONSIBILITIES............................................................... 7 11 QUORUM REQUIREMENT................................................................................................... 7 12 VOTING AND DECISIONS..................................................................................................... 8 13 CFFCOC CODE OF ETHICS AND CONFLICT OF INTEREST ..................................................... 8 14 CFFCOC MEETINGS- REGULAR AND SPECIAL.................................................................... 13 15 AGENDA AND MEETING PROCEDURE FOR CFFCOC MEETINGS ....................................... 14 16 AMENDMENT OF THESE BYLAWS..................................................................................... 15 17 SAVINGS CLAUSE............................................................................................................... 15 18 EFFECTIVE DATE................................................................................................................ 16 1IPage Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws 1 NAME AND PURPOSE These bylaws are adopted for the Jefferson County Conservation Futures Fund Citizen Oversight Committee ("CFFCOC" or "Committee"). The purpose of the Committee is to implement the Conservation Futures Fund program as developed by the Jefferson County Board of County Commissioners ("Board") and as set out in chapter 3.08 of the Jefferson County Code ("JCC). The CFFCOC is an advisory committee to the Board on the program. 2 AUTHORITY RCW 84.34.230 permits the county to establish a conservation futures program, which authorizes tax assessments for the purpose of preserving lands of public interest for future generations. The Jefferson County Conservation Futures Fund Citizen Oversight Committee (CFFCOC) was established on July 8, 2002 by Ordinance No. 06-0708- 02, codified in chapter 3.08 JCC. The conservation futures program is an important means of retaining community character and accomplishing open space policies and objectives of the Jefferson County Comprehensive Plan, including, and not limited to, Goal OS-G-1, which states: "Preserve and improve the quality, value, and extent of open space lands." The policies implementing, such as Goal OS-G-1, Policy OS-P-1.1 through Policy OSP 1.6, provide guidance that encourage the coordinated acquisition of key open space lands for long term protection. 3 PROGRAM GOALS AND PRESERVATION CRITERIA A. Goals of the Conservation Futures Fund Program (CFFP). Jefferson County Code establishes the following goals for the CFFP: (1) To maintain, preserve, conserve and otherwise continue in existence adequate open space lands; (2) To achieve an equitable geographical distribution of monies from the conservation futures fund over the long term; and (3) To leverage monies from the conservation futures fund in order to obtain additional resources to preserve lands in a manner that provides the greatest benefits to the community. JCC 3.08.020. B. Preservation Criteria of the Conservation Futures Fund Program (CFFP). Jefferson County Code provides the following criteria to guide the selection of projects ("preservation criteria"): 2 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws (1) Preservation of sensitive lands that have truly unique characteristics that will be permanently damaged by potential development or resource extraction; (2) Preservation or enhancement of lands that provide a variety of habitat for flora and fauna, including habitat that supports threatened or endangered species; (3) Preservation of lands that have significant regional or community benefit; (4) Leveraging conservation futures funds with other resources; (5) Acquisitions shall be supported by strategies to provide stewardship and long-term management of the lands through the development and implementation of a management plan; (6) Other criteria consistent with RCW 84.34.020. JCC 3.08.040. 4 ROLE OF THE DEPARTMENT OF PUBLIC HEALTH The Department of Public Health (Department) assists the CFFCOC in its duties through development of agendas, briefings on issues, transmittal of written communication, meeting logistics, and in maintenance of the records of CFFCOC actions. Records shall be maintained by the Department pursuant to a retention schedule approved by the Jefferson County Records Office and the State Archivist. The Department Director, or designee, assigns an individual to serve as the primary staff contact for the CFFCOC, who is called the CFFCOC Coordinator. The CFFCOC may alternatively be staffed by a designated subcontractor. The Department Director also takes part in resolving issues related to conflicts of interest, as set out in Section 13 of these bylaws. County staff shall have full discretion to establish or limit the scope or size of their work or participation on Committee matters. Within those parameters, the duties of the coordinator include the following: • all necessary administrative, technical, and logistical support to the work of the Committee and the program; • performance of outreach and education efforts as requested by the Committee (as may be possible and reasonable within budget constraints); • liaison between the Committee and county government; • technical support for project applicants; 3 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws • support necessary for acquisition; and • assistance to the Committee to ensure its operations are conducted in compliance with state and local law. The Department will circulate meeting materials to Committee members in advance of the meeting, and provide summary meeting minutes to each Committee member at least three days prior to the next scheduled meeting. Any recommendations to the Board, or key action items, will be noted in detail in the summary notes. 5 FUNCTIONS AND DUTIES OF THE CFFCOC A. Functions of the CFFCOC. The Committee, as an advisory committee to the Board, makes recommendations to the Board on the following matters: (1) Criteria to grade and prioritize applications for proposed projects. The Committee's recommendations are guided by six general preservation criteria codified at JCC 3.08.040. Under JCC 3.08.040, the Board adopts specific criteria on an annual basis for ranking and selection of projects, after considering the Committee's recommendation of criteria; and (2) A review of program principles at least once every two years and recommendations to the Board for modification of the program, pursuant to JCC 3.08.050; and (3) Funding recommendations to the Board for project applications received during the annual conservation future funds allocation process outlined in JCC 3.08.030(3). B. Duties of the CFFCOC. The Committee performs the following duties to fulfill the functions described in Section A, above. The CFFCOC shall: (1) Meet as often as necessary to accomplish the functions and duties of the committee; (2) Oversee the annual process to solicit, review, and recommend CFF projects to the Board; (3) Prepare a draft annual guidance document for consideration of the Board that is based on the six preservation criteria stated in JCC 3.08.040. The draft guidance document shall include a score sheet and project ranking process as outlined in the Program Manual to determine which of the projects will be recommended for funding. The CFFCOC may also recommend to the Board changes to other documents, such as the Program Manual, on an annual basis or as may be necessary; 4 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws (4) Make funding recommendations to the Board from applications received during the process outlined by July 15t following an annual collection period; (5) Review program principles at least once every two years and make recommendation to the Board for modification to the program; (6) Carry out other duties that the Board may request; and (7) Operate in accordance with these bylaws. 6 COMPOSITION OF THE CFFCOC Members of the CFFCOC shall be Jefferson County residents who are appointed by the Board to four-year terms. Appointments of members shall be made from a list of applicants who have submitted a letter of interest to the Board stating their qualifications for serving on the Committee. The CFFCOC is an ongoing committee of volunteers designed to represent a broad spectrum of interests and expertise, including at least two individuals from each board of county commissioner district. The Board established the thirteen positions on the Committee, with each of the members designated to represent one or more of the following interests: parks and recreation; user groups; agriculture; forestry; incorporated land trust or similar nonprofit conservation organization; real estate; and each incorporated city in Jefferson County. JCC 3.08.050. 7 CFFCOC OFFICERS A. Officers of the CFFCOC. Officers of the CFFCOC shall consist of a Chair and Vice -Chair, who shall be elected annually at the first scheduled meeting after funding recommendations are presented to the BoCC. The Chair and Vice -Chair shall be elected by a majority vote from the Committee. Nominees must be active members who have consented to serve. B. Nomination and Voting. Nomination of officers is from the floor and, where more than one nomination to an office is received, voting will be a secret ballot. C. Terms of Officers. Terms of the Chair and Vice -Chair are for one year, although individuals serving as Chair and Vice -Chair may be elected to successive terms. D. Duties of Chair. The Chair shall fulfill the following duties: (1) Preside at all meetings; (2) Execute the agenda of such meetings in an orderly manner; 51Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws (3) Establish Sub -committees and appoint members to them as determined necessary; (4) Officially represent the Committee before other organizations or groups; and (5) Sign official documents on behalf of the Committee. Absence of Officers. The Vice -Chair shall officiate as Chair in the Chair's absence. In the absence of both Chair and Vice -Chair at a meeting, members shall elect a temporary Chair to perform their duties for that meeting. 8 COMMITTEE MEMBERS VACANCIES, LEAVES OF ABSENCE, AND ATTENDANCE A. Vacancies. (1) Vacancies are filled by the Board. Vacancies are typically listed on the County's website and may be advertised in local news publications from time to time. (2) A member may resign by submitting written notice to the Board. (3) The CFFCOC may, by a majority vote of the total membership, recommend the removal of a member to the Board. The Board may, on their own initiative, remove a Committee member. B. Leaves of Absence by Committee Members. The Chair of the CFFCOC may grant a leave of absence for a member not to exceed four consecutive meetings per funding round, except that the Chair may grant a longer leave absence for medical reasons or for extended travel. C. Attendance at Meetings. (1) Committee members shall attend all meetings, or notify the Chair or staff in advance if unable to attend. If a Committee member misses a meeting, it is their responsibility to be informed on the issues at the next meeting. Attendance at Committee meetings by any technology that allows the member not physically present to hear and be heard during the Committee meetings shall constitute attendance; (2) Members absent without excuse from more than three meetings a year, may be asked to resign. (3) A member with two unexcused consecutive absences shall be notified of the policy regarding the attendance requirement, and asked to decide whether they wish to continue as a member. 9 SUB -COMMITTEES OF THE CFFCOC The Chair may appoint such standing and ad hoc sub -committees as may be considered useful and appropriate to investigate any matter of interest to the CFFCOC. Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws At the Chair's discretion, or by a majority vote of the CFFCOC voting members, an item may be transmitted to a sub -committee for review and comment. The Chair shall establish a deadline for sub -committee review, provide members with direction or any specific review questions, and schedule regular updates from the sub -committee, as necessary. If the sub -committee fails to meet the review deadline, the CFFCOC shall proceed to take action without sub -committee comment. No sub -committee shall contain more than four CFFCOC members. A quorum of the sub -committee members is not required for a sub -committee meeting. No CFFCOC member who is not a member of a sub -committee may attend a sub -committee meeting; otherwise, all OPMA requirements would apply to the sub -committee meeting. If more than four CFFCOC members are present at a sub -committee meeting, the sub -committee meeting shall be adjourned immediately. Sub -committee meetings may be scheduled as needed. Sub -committee members are assigned by the Chair or acting Chair. At such meetings the public is welcome to attend and participate if that opportunity is specifically requested by one or more subcommittee members. Sub -committees may meet informally, without minutes; however, the Sub -committee shall keep the CFFCOC Chair informed, and report to the full CFFCOC at each CFFCOC meeting which occurs while the sub -committee exists. 10 CFFCOC MEMBER ROLES AND RESPONSIBILITIES CFFCOC members shall: A. Fully participate in the work and deliberations of the CFFCOC, and support CFFCOC Bylaws; B. Be respectful of the person who is speaking, and not engage in side conversations while a person is speaking during the meeting; C. Arrive at meetings on time; D. Attend site visits, if they are held, or view the recordings prior to the meeting to rank projects; Read background material, review agenda and notes for each meeting of the CFFCOC, and prepare questions and comments in advance or response of the meeting as needed; and Share appropriate information about CFF program with their communities. 11 QUORUM REQUIREMENT 7 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws A quorum must exist to conduct a meeting or take a vote. A simple majority of the total of the members currently appointed to the CFFCOC constitutes a quorum for the conduct of CFFCOC business. 12 VOTING AND DECISIONS A. Manner of Voting. Voting shall be limited to Committee members. Voting shall be conducted by voice, show of hands or by ballot if any member of the Committee so desires. There shall be no voting by proxy on any question before the Committee. The Chair is considered a voting member. The Chair will ensure that all viewpoints are heard, and if possible, will attempt to achieve consensus among CFFCOC members. Vote on Project Recommendations. Decisions to recommend projects to the Board require a majority of the total number of appointed CFFCOC members. Any dissenting opinions will be recorded and included in the meeting summary. No member may rate or vote upon any project unless that member has: (1) Attended the formal project presentation; and (2) Either attended the site visit conducted by the project sponsor/applicant or viewed the official recording of that visit. C. All Other Decisions Aside from Project Recommendations. Other decisions require a simple majority of those CFFCOC members present, assuming the number of members present constitutes at least a quorum. 13 CFFCOC CODE OF ETHICS AND CONFLICT OF INTEREST Members of the CFFCOC shall adhere to the conflict of interest rules set out in these bylaws and the code of ethics under the Jefferson County Personnel Administration Manual. If there is a conflict between the two, the more restrictive requirement shall apply. A. CFFCOC Specific Conflict of Interest Rules. (1) Once appointed, a CFFCOC member shall not participate in a discussion or vote upon a matter in which they have a direct or indirect financial interest. A conflict would arise when 1) the member, 2) any immediate family member or partner, or 3) an organization which employs, or is about to employ, any of the above has a financial or other interest in a firm or organization considered for funding. If a conflict of interest arises, the member shall notify the Chair or staff. Conflict of interest issues shall be resolved as outlined in the Jefferson County Personnel Administration Manual (see subsection B(2) below). 8 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws (2) No Board, Committee, or Councilmember shall directly or indirectly benefit from or have an ownership or financial interest in any ofthe land eligible to be purchased pursuant to this Chapter. B. Jefferson County Personnel Administration Manual Code of Ethics and Conflict of Interest Rules Under the Jefferson County Personnel Administration Manual ("Manual") at Appendix B, members of advisory boards and committees are required to follow the Manual's stated code of ethics and conflict of interest rules. The Manual makes the following rules applicable to all "quasi -employees,"' a term which explicitly includes advisory board members.' Therefore, at any place the following paragraphs refer to "employees," it must be read to include "quasi -employees" or advisory board members. (1) Code of Ethics All members of the CFFOC shall read and adhere to the following ethics policy and guidelines quoted from the Manual (Appendix B at p. 80): (a) Policy Jefferson County maintains a Code of Ethics to guide employees against improper activities that could damage the County's reputation and otherwise result in serious adverse consequences to the County and to the individuals involved. This code's purpose is the establishment of ethical standards of conduct for all Jefferson County employees. (b) Guidelines 1 In the Code of Ethics Appendix B, the Manual states: "This policy shall be applicable to all employees and quasi employees of the County." See Manual, Appendix e Code of Ethics Policy and Procedures at Section 3.0 (p. 81). Z "Quasi -employee" is defined as "[a] person acting on behalf of the county, whether paid or unpaid, with temporary rights and authority relevant to the situation as outlined by the quasi -employee's description of duties or verbal instructions provided by the Departmental Director, e.g., volunteers, jurors, poll works and advisory board members." Manual at Section 2.1 (p.12). 9 1 P a g e Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws An employee's actions under this policy are significant indications of the individual's judgment and competence. Accordingly, insensitivity to or disregard of the principles of this policy will be grounds for appropriate disciplinary action. Employees must be committed and bound by the following guidelines: 1. Public belief in the integrity of government is based on the actions of the government's employees; 2. Employees should demonstrate independent, impartial, accountable, and responsible behavior in fulfilling duties to the County and its citizens; 3. Governmental decisions and policies are made within the proper channels of the governmental structure; and 4. Public office is not to be used for personal gain. (2) Conflict of Interest. All members of the CFFCOC shall read and adhere to the following conflicts of interest policy and guidelines quoted from the Manual: (a) Manual Definition of Conflict of Interest: Engaging in any acts prohibited by RCW 42.23.030, RCW 42,23.070 or 2 CFR Section 200.318(c), as they now exist or may be amended in the future, including but not limited to: (i) Holding or seeking to hold a beneficial interest, directly or indirectly, in any contract which may be made by, through or under the supervision of the person, in whole or in part, who holds or seeks to hold a beneficial interest in violation of RCW 43.23.030, as it now exists or may be amended. (ii) Holding or seeking to hold a beneficial interest, directly or indirectly, in any contract made for the benefit of the person's office in violation of RCW 43.23.030, as it now exists or may be amended. (iii) Accepting, directly or indirectly, any compensation, gratuity, favor, reward or anything of monetary value in connection with any contract from any person beneficially interested in the contract which may be 101Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws made by, through or under the supervision of the person from any other person beneficially interested in violation of RCW 43.23.030, as it now exists or may be amended, unless otherwise authorized by law. (iv) Using a position at the County to secure special privileges or exemptions for himself, herself, or others. (v) Directly or indirectly, giving or receiving or agreeing to receive any compensation, gift, reward, or gratuity from a source except the County, for a matter connected with or related to the person's services for the County, unless otherwise provided for by law. (vi) Accepting employment or engaging in business or professional activity that the person might reasonably expect would require or induce the person by reason of the person's official position to disclose confidential information acquired by reason of the person's official position. (vii) Disclosing confidential information gained by reason of the person's position, or using such information for the person's personal gain or benefit. (viii) For purposes of this section, an indirect beneficial interest includes an interest by any member of the person's immediate family, the person's partner, or an organization which employs or is about to employ the person, any member of the person's immediate family, or the person's partner. Manual at Appendix 8, pp. 84-85. (b) Manual Narrative on Conflict of interest Employees are expected to use good judgment, adhere to high ethical standards, and avoid situations that create an actual or perceived conflict between their personal interests and those of the County. Jefferson County requires that the transactions employees participate in are ethical and within the law, both in letter and in spirit. Whenever employees are in doubt, they should consult with their supervisor, Department Director or the Human Resources Manager. 111 Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws Jefferson County recognizes that different organizations have different codes of ethics. However, just because a certain action may be acceptable by others outside of Jefferson County as "standard practice" that is by no means sufficient reason to assume that such practice is acceptable as an employee of Jefferson County. While it is not possible to develop a comprehensive detailed set of rules to cover every situation, the County does adhere to and will strictly enforce any and all state laws or regulations relating to conflicts of interest, appearance of fairness and ethics that are applicable to the employees and officials of this County. The statutes provide detailed outlines of what constitutes ethical and appropriate behavior while employed with the County. If an employee or someone, with whom the employee has a close personal relationship, has a financial or employment relationship with a vendor, potential vendor, or any person or business entity doing business or wishing to do business with the County, then the employee has an "interest," as that term is defined in Section 2.0. In such circumstances the employee is considered to have an "interest" that mandates disclosure of that "interest" and eventual resolution in accordance with this Code. For purposes of this policy, an employee shall be deemed to have an interest in the affairs of: 1. The employee's spouse or domestic partner, or dependent children; 2. Any person or business entity with which a contractual relationship exists with the employee; 3. Any business entity in which the employee is an officer, director, member or employee; and 4. Any business entity in which the employee owns or controls an interest either directly or indirectly. The employee must disclose this "interest" in writing to their Department Director. The Department Director with the help of the County Administrator and the Human Resources Manager will determine what course of action, if any, must be taken to resolve any conflict he or she believes may exist. 121Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws Examples of Conflict of Interest A conflict of interest may arise, by way of example only, if an employee: 1. Accepts non -nominal (greater than $25 in value) gifts from vendors, potential vendors or any third -party who does business with the County; 2. Accepts ANY form of remuneration or nonbusiness-related entertainment from a third -party who does business with the County; 3. Sells to third parties any information, products, or materials acquired from the County; 4. Engages in outside business activities in such a way or to such an extent that the outside business activities adversely affect the County or the employees' job performance; 5. Performs outside work for a vendor of the County or any third -party that does business with the County; (See Chapter 11, Section 14.0 on Outside Employment.) 6. Engages in any outside employment or any other business undertaking to his or her personal gain that is, or can ALSO be, perceived to be prejudicial to the best interest of Jefferson County; 7. Uses proprietary and/or confidential information for personal gain or to the County's detriment; uses assets or labor for personal use unless the use is as specified in Chapter 11. If the conflict is severe enough Jefferson County may be forced to ask the employee to tender his or her resignation or may, at its sole discretion, no longer transact business with that third - party. Jefferson County has the sole discretion to: - determine whether such a conflict of interest exists; and - determine the course of action to be taken to remove or end the conflict. Manual, Appendix 8 at pp. 81-83. 14 CFFCOC MEETINGS- REGULAR AND SPECIAL 131Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws A. Meetings- Regular or Special. A meeting of the CFFCOC will be either a regular meeting or a special meeting. A meeting of the CFFCOC that is not conducted in the place or the time posted in the regular meeting schedule is a special meeting. B. Location and Time of Regular Meeting. Reserved (as of December 2023, the CFFCOC conducts all business by special meeting, and all meetings are noticed as required in 14.0 of these bylaws). C. Notice of CFFCOC Meetings. Notice of a either a regular or special meeting shall be provided as required by the OPMA Guidelines for Jefferson County Boards, Commissions and Committees adopted by the Board in Resolution 50-22 (Oct. 24, 2022) ("Jefferson County OPMA Guidelines") and the Open Public Meetings Act, codified at Chapter 42.30 RCW. A special meeting requires at least a 24-hour notice that specifies the time and place of the special meeting and the business to be transacted. Notice for a special meeting must be: (1) Posted on the CFFCOC website; (2) Prominently displayed at the main entrance of the CFFCOC's regular meeting location specifying the meeting site if it is not held at the CFFCOC's regular meeting location; and (3) Delivered to each local newspaper of general circulation and local radio or television station that has on file with the Board a written request to be notified of such special meeting or of all special meetings. D. Calling of Special Meeting. A special meeting maybe called by formal action of the Committee, by order of the Chair, or by written request to the Chair by a minimum of three members. The Committee may conduct special meetings when deemed to be in the best interests of the Committee and the community. Site visits are by their nature special meetings. 15 AGENDA AND MEETING PROCEDURE FOR CFFCOC MEETINGS A. Agenda. The agenda shall indicate the order of Committee business. The Committee Chair may approve changes to the agenda consistent with regular/special meeting requirements. Time shall be scheduled on every meeting agenda for public comment. B. Meeting Procedure. (1) All regular and special Committee meetings shall be conducted by the Chair or Vice -Chair according to Roberts Rules of Order. 141Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws (2) Order of Business —Meeting Procedure: (a) Call to order, roll call and determination of quorum. (b) Agenda Items: (i) Agenda (ii) Public comments (iii) Minutes of previous meeting (iv) Old business (v) Sub -Committee Reports (vi) New business (vii) Discussion of next meeting date and agenda (viii) Announcements (ix) Public comments (x) Adjournment (c) The Chair may alter the regular order of business in preparing the agenda when special circumstances and the efficient use of time dictate. (3) Electronic Recording. Regular and special meetings of the CFFCOC shall be electronically recorded by audio or video, and the recording shall be made available online for a minimum of six months. (4) Minutes. Summaries of all meetings shall be recorded and a copy shall be sent to each CFFCOC member at least three days prior to the next scheduled meeting. A permanent file of minutes of Committee meetings shall be maintained in County offices. Any recommendations to the Board, or key action items, will be noted in detail in the summary notes. 16 AMENDMENT OF THESE BYLAWS A Committee member may propose an amendment to the Bylaws. Any amendment must be consistent with Jefferson County code and state law. Such proposed amendments must be voted on when a quorum is present, and passed by a two-thirds majority vote of the Committee. Proposed amendments to bylaws must be reviewed and approved by the Board. 17 SAVINGS CLAUSE Should any portion of these bylaws be declared unconstitutional or otherwise contrary to law, such decision shall not affect the validity of the remaining portion of these bylaws. 151Page Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws 18 EFFECTIVE DATE These bylaws are effective immediately upon approval by the Board. [SIGNATURES ON NEXT PAGE] Conservation Futures Fund Citizen Oversight Committee (CFFCOC) Bylaws ADOPTED THIS DAY OFC��� 12023. CONSERVATION FUTURES FUND CITIZEN OVERSIGHT COMMITTEE Rob Harbour, Acting Chair ADOPTED THIS DAY OF 2023. JEFFERSON COUNTY BOARD OF COMMISSIONERS C, Greg Brbtherton, Chair Kate Dean Member ��MLEienhour, Member 17 1 Ila, g e Consent Agenda �V 615 Sheridan Street Port Townsend, WA 98368 1;ff r_son www.JeffersonCountyPubiicHealth.org Public Hea JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Mingo, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: r ! 1, 20.4, SUBJECT: Agenda Item — Resolution: Initiating the Conservation Futures Fund Program Application Cycle for 2024 and Amending the Conservation Futures Fund Citizen Oversight Committee Bylaws STATEMENT OF ISSUE: Jefferson County Public Health requests approval of a resolution to initiate the Conservation Futures Fund Program application cycle for 2024 and to amend the Conservation Futures Fund Citizen Oversight Committee bylaws. ANALYSIS/STRATEGIC GOALS/PRO'S and CONS: The Conservation Futures Fund Citizen Oversight Committee (CFFCOC) met on November 7, 2023 to finalize their recommended changes to the program's process and application materials for the 2024 application cycle and to review amended bylaws prepared by the County. Proposed changes to the project manual, application and score sheet are shown in Track Changes. The most substantive change for 2024, found on page 5 of the program manual, is an option for project sponsors to submit a pre -application to the CFFCOC utilizing the existing application form. The purpose of the preapplication is to enhance opportunities for the CFFCOC to ask questions and provide guidance earlier in the application process. To avoid confusion and save paper, only the fee simple version of the project sponsor agreement template is provided in the manual. The version to be used for conservation easement acquisitions may be requested at any time. Otherwise, changes to the manual, application and scoresheet are limited to administrative updates and clarifications. Approval of the resolution would accept the CFFCOC's recommendations to program materials and process, establish an application period, provide estimates of the funds available in the 2024 application cycle, and amend the committee's bylaws. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for this project is provided by the Conservation Futures Fund, and there is no impact to the Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Public Health 360-385-9444 (f) 360-379-4487 County's General Fund. RECOMMENDATION: JCPH Management recommends BOCC signature a resolution to initiate the Conservation Futures Funding Cycle for 2024 and amend the bylaws. REVIEWED BY: Mark McCauley, ty Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487