HomeMy WebLinkAboutCONSENT EH Lower Chimacum Creek Mainstem JLT 615 Sheridan Street
QA Port Townsend, WA 98368
O` www.JeffersonCountyPublicHealth.org
Public He� CONSENT AGENDA
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Michael Dawson, Water Quality Manager, Environmental Public Health
Tami Pokorny, Natural Resources Program Manager
DATE:
SUBJECT: Jefferson Land Trust: Lower Chimacum Creek Mainstem Project,
Conservation Futures Fund Grant Agreement—Jan 1, 2023—Jan 1, 2026;
$52,000
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests approval of the Lower Chimacum Creek
Mainstem Project Conservation Futures Fund Grant Agreement for land acquisition and
Operations & Maintenance expenses;January 1, 2023—January 1, 2026; $52,000.
ANALYSIS:
This project was approved for Conservation Futures funds by Resolution 01-24 on January 2,
2024. The resolution granted funding for Jefferson Land Trust to purchase 3.14 acres of land
near Chimacum Creek for restoration and conservation.
FISCAL IMPACT:
Funding for this project is provided by the Conservation Futures Fund;there is no impact to the
County's General Fund.
RECOMMENDATION:
JCPH Management recommends BoCC signature the Lower Chimacum Creek Mainstem Project
Conservation Futures Fund Grant Agreement for land acquisition and Operations &
Maintenance expenses; January 1, 2023—January 1, 2026; $52,000.
REVIWED BY
Mark McCauley, unty Administrator Date
Community Health Environmental Health
Developmental Disabilities Water Quality
360-385-9400 360-385-9444
360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487
WQ-25-002
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson Land Trust Contract No: wQ-25-002
Contract For: Conservation Futures Fund grant Term: Jan 01, 2023-Jan 01, 2026
COUNTY DEPARTMENT: Jefferson County Public Health
Contact Person: Tami Pokorny
Contact Phone: 360-379-4498
Contact email: tpokorny@co.jefferson.wa.us
AMOUNT: $52,000 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # 128 RFP or RFQ
Munis Org/Obj 12800375 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM ' 1E WIT ��' 080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A: Jan. 8, 2025
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BE.FN-, DEBAR B NY FEDERAL, STATE, OR LOCAL
AGENCY.
2025
CERTIFIED: OF N/A: Jan. 8,
Signa ure Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/17/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/19/2025.
Standard County agreement form.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
JEFFERSON COUNTY CONSERVATION FUTURES FUND PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: Jefferson Land Trust(UBI Number 601 173 681)
Project Title: Lower Chimacum Creek Mainstem Acquisitions
Contract Number: WQ-25-002
Approval: Resolution No. 01-24
1. Parties to this Agreement
This Jefferson County Conservation Futures Fund Program Project Grant Agreement (this
Agreement) is entered into between Jefferson County (County), PO Box 1220, Port Townsend,
Washington 98368 and Jefferson Land Trust (Sponsor), 1033 Lawrence Street, Port Townsend,
Washington 98368.
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson
County Conservation Futures Fund,Chapter 3.08 of the Jefferson County Code(JCC),as approved
by Resolution No. 01-24.
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project
Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
Jefferson Land Trust shall implement a Conservation Futures Fund Program project to acquire in
fee simple title via statutory warranty deed (Exhibit A),the three properties, totaling 3.14-acres,
known in the records of the Jefferson County Assessor as APNs 961805605, 961805606,
001344004 and 961806102 (the Properties) as described in the 2023 Conservation Futures Fund
project application for the Lower Chimacum Creek Mainstem Acquisitions Project Exhibit B
and the 2023 Conservation Futures Program Manual(Exhibit C),and as authorized by Resolution
No.01-24.(Exhibit D . The statutory warranty deeds shall allow for riparian restoration and other
habitat protections, or as described in the project application. Language must be included in the
statutory warranty deeds to protect the County's interests and conservation values, including, at a
minimum,the following:
Grantee's costs of acquiring the Property were provided in part by grant funding
from the Jefferson County Conservation Futures Fund property tax, authorized by
Washington law. Grantee hereby agrees to be bound by Jefferson County Code
(JCQ 3.08.030(9), the uses authorized under RCW 84.34.230, including the
obligation to ensure the long-term conservation of the Property in accordance with
Lower Chimacum Creek Mainstem Acquisitions 1
wQ-25-002
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 January 1,2023 and end
on December 31, 2026 unless proof of match is provided prior to this date. Work performed
consistent with this Agreement during its term, but prior to the adoption of this Agreement, is
hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 31 st
until three years after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed
$52,000. The Conservation Futures Fund shall not pay any amount beyond that approved in this
Agreement for funding of the Project. The Sponsor shall be responsible for no less than 76%
percent of the total Project cost and all Project costs in excess of $217,750. The estimated
contributions by the Sponsor toward work on the Project shall be as indicated below. The
contribution by the Conservation Futures Fund toward work on the Project is described
immediately above.
Acquisition O & M Totals %
Conservation $47,000 $5,000 $52,000 24
Futures Fund
Contribution
Estimated $160,750 $5,000 $165,750 76
Project Sponsor
Contribution
Estimated Total $207,750 $10,000 $217,750 100
Project Cost
9. Unexpended Project Allocations
Should unexpected Project allocations, including (but not limited to) project completion at less
than the estimated cost or (alternatively) the abandonment of the Project occur, then the Sponsor
shall notify the County within 30 days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its
attachments. Except as provided in this Agreement,no alteration of any of the terms or conditions
Lower Chimacum Creek Mainstem Acquisitions 2
of this Agreement shall be effective unless provided in writing. All such alterations, except those
concerning the period of performance, must be signed by both parties. Period of performance
extensions need only be signed by Jefferson Board of County Commissioners.
11.Indemnification
Sponsor shall indemnify and hold harmless the County, its past or present employees, officers,
agents, elected or appointed officials or volunteers (and their marital communities), from and
against all claims, losses or liability, or any portion thereof, including reasonable attorney's fees
and costs, arising from injury or death to persons, including injuries, sickness, disease or death to
Sponsor's own employees, or damage to property occasioned by a negligent act, omission or
failure of the Sponsor. Sponsor shall be liable only to the extent of Sponsor's proportional
negligence. The Sponsor specifically assumes potential liability for actions brought against the
County by Sponsors employees, including all other persons engaged in the performance of any
work or service required of the Sponsor under this Agreement and, solely for the purpose of this
indemnification and defense, the Sponsor specifically waives any immunity under the state
industrial insurance law, Title 51 RCW The Sponsor recognizes that this waiver was specifically
entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. For
the avoidance of doubt, the obligations in this section shall survive the expiration or termination
of this Agreement.
12. Insurance
The Sponsor shall secure and maintain in force throughout the duration of this Agreement policies
of insurance as follows:
Workers Compensation Insurance. If and only if the Sponsor employs any person(s) in the status
of employee or employees separate from or in addition to any equity owners, sole proprietor,
partners, owners or shareholders of the Sponsor, Worker's Compensation Insurance in an amount
or amounts that are not less than the required statutory minimum(s) as established by the State of
Washington or the state or province where the Sponsor is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage liability
coverage for all owned and non-owned vehicles assigned to or used in the performance of the work
for a combined single limit of not less than $500,000 each occurrence with the County named as
an additional insured in connection with the Sponsor's performance of the contract.
General Commercial Liability Insurance in an amount not less than a single limit of one million
dollars($1,000,000)per occurrence and an aggregate of not less than two(2)times the occurrence
amount($2,000,000.00 minimum) for bodily injury, including death and property damage,unless
a greater amount is specified in the contract specifications. The insurance coverage shall contain
no limitations on the scope of the protection provided and include the following minimum
coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
Lower Chimacum Creek Mainstem Acquisitions 3
C. Broad Form Contractual/Commercial Liability—including completed operations;
d. Premises—Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
The County shall be named as an additional insured party under this policy.
Certificates of coverage as required by this section shall be delivered to the County within fifteen
(15)days of execution of this Agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County prior to
the approval of the contract by the County.At the option of the County,the insurer shall reduce or
eliminate deductibles or self-insured retention or the Sponsor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
The Sponsor shall include all subcontractors as insured under its insurance policies or shall furnish
separate certificates and endorsements for each subcontractor. All insurance provisions for
subcontractors shall be subject to all of the requirements stated in this Agreement.
Failure of the Sponsor to take out or maintain any required insurance shall not relieve the Sponsor
from any liability under this Agreement, nor shall the insurance requirements be construed to
conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies),it being the intention of the parties
that the insurance policies so affected shall protect both parties and be primary coverage for any
and all losses covered by the above described insurance. It is further agreed by the parties that
insurance companies issuing the policy or policies shall have no recourse against the County
(including its employees and other agents and agencies) for payment of any premiums or for
assessments under any form of policy.It is further agreed by the parties that any and all deductibles
in the above described insurance policies shall be assumed by and be at the sole risk of the Sponsor.
It is agreed by the parties that judgments for which the County may be liable, in excess of insured
amounts provided in this Agreement, or any portion thereof, may be withheld from payment due,
or to become due, to the Sponsor until such time as the Sponsor shall furnish additional security
covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for extra
Lower Chimacum Creek Mainstem Acquisitions 4
hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool" created
pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the
Sponsor must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an"additional insured"to a policy
obtained by the Sponsor refers to an endorsement (by number or name) but does not provide the
full text of that endorsement,then it shall be the obligation of the Sponsor to obtain the full text of
that endorsement and forward that full text to the County.
The County may, upon the Sponsor's failure to comply with all provisions of this Agreement
relating to insurance, withhold payment or compensation that would otherwise be due to the
Sponsor.
For the avoidance of doubt, the obligations in this section shall survive the expiration or
termination of this Agreement.
13. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this
Agreement. The Sponsor is not as an agent, an employee or a servant of the County. Nothing in
this Agreement shall be considered to create the relationship of employer and employee between
the parties. The Sponsor specifically has the right to direct and control Contractor's own activities
and over all of its subcontractors, employees, agents and representatives in providing the agreed
services in accordance with the specifications set out in this Agreement.Neither Sponsor nor any
employee of Sponsor shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement. The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Sponsor,or any
employee of Sponsor. The Sponsor agrees to file all necessary governmental documents,including
appropriate tax returns,reflecting income status as an independent contractor for services rendered
to the County under this Agreement.
14. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the
express written consent of the County or its authorized representative. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an agreement.
15. Ownership and Use of Documents
All documents, drawings, specifications and other materials produced by the Sponsor in
connection with the services rendered under this Agreement shall be the property of the Sponsor
whether the project for which they are made is executed or not. The County shall be permitted to
retain copies, including reproducible copies, of drawings and specifications for information,
reference, and use in connection with the Sponsor's endeavors.
Lower Chimacum Creek Mainstem Acquisitions 5
16. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal
laws and regulations, including RCW 84.34.210, and published agency policies, which are
incorporated into this Agreement by this reference as if fully set forth.
17. No Harassment of Discrimination
Any form of harassment, discrimination, or improper fraternization with any County employee is
strictly prohibited. The Sponsor shall not discriminate on the grounds of race, color, national
origin, religion, creed, age, sex, sexual orientation, or the presence of any physical or sensory
disability in the selection and retention of employees or procurement of materials or supplies.
18. Sponsor's Accounting Books and Records
The Sponsor shall maintain complete financial records relating to this Agreement and the services
rendered including all books, records, documents, receipts, invoices, and all other evidence of
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
cost of any nature expended in the performance of this Agreement. The Sponsor's records and
accounts pertaining to this Agreement are to be kept available for inspection by the Office of the
State Auditor, federal auditors,the Jefferson County Auditor, and any persons duly authorized by
the County shall have full access and the right to examine any of these materials during this period
for a period of ten(10)years after the date of the final payment to Sponsor. If any litigation,claim
or audit is started before the expiration of the six(6)year period,the records shall be retained until
all litigation, claims, or audit findings involving the records have been resolved. Copies shall be
made available upon request. Records and other documents, in any medium, furnished by one
party to this Agreement to the other party,will remain the property of the furnishing party, unless
otherwise agreed.
19. Licensing,Accreditation and Registration
The Sponsor shall comply with all applicable local, state and federal licensing, accreditation,
permitting, and registration requirement/standards necessary for the performance of this
Agreement.
20. Disputes
Except as otherwise provided in this Agreement,when a bona fide dispute arises between Jefferson
County and the Sponsor and it cannot be resolved, either party may request a dispute hearing with
a mediator agreed upon by the parties, or if agreement cannot be made, the mediator shall be
selected by the Jefferson County Superior Court. Either party's request for a dispute hearing must
be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties; and,
C. the Sponsor's name, address and agency contact number.
Lower Chimacum Creek Mainstem Acquisitions 6
Requests for dispute hearings must be mailed to the Project Manager, Jefferson County
Environmental Public Health Department, 615 Sheridan St., Port Townsend, WA 98368, within
fifteen (15) days after either party received notice of the disputed issue(s). The parties agree that
this dispute process shall precede any action in a judicial or quasi-judicial tribunal. The parties
shall split evenly the cost of mediation or whatever form of dispute resolution is used. The parties
shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,
Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,
including attorney's fees.
21. Termination for Funding
Jefferson County may unilaterally terminate this Agreement in the event funding from state,
federal, or other sources are withdrawn, reduced, or limited in any way after the effective date of
this Agreement.
22.Termination for Convenience
The County reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Sponsor.
23.Assignment
The Sponsor shall not sublet or assign any interest in this Agreement, and shall not transfer any
interest in this Agreement without the express written consent of the County.
24.No Waiver
Waiver by any party of any provision of this Agreement or any time limitation provided for in this
Agreement shall not constitute a waiver of any other provision.
No consent by either party to, or waiver of, a breach by either party, whether express or implied,
shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either party.
No term or provision of this Agreement shall be considered waived by either party,and no breach
excused by either party, unless such waiver or consent is in writing signed on behalf of the party
against whom the waiver is asserted.Failure of a party to declare any breach or default immediately
upon the occurrence thereof,or delay in taking any action in connection with,shall not waive such
breach or default.
25. County Does Not Assume Additional Duties
The County does not assume any obligation or duty, except as required by federal or state law,to
determine if Sponsor is complying with all applicable statutes,rules, codes ordinances or permits.
Lower Chimacum Creek Mainstem Acquisitions 7
26. Agreement Representatives
All written communications sent to the Sponsor under this Agreement shall be addressed and
delivered to:
Sponsor Contact Conservation Futures Program Contact
Sarah Spaeth, Director of Conservation Tami Pokorny
Jefferson Land Trust Jefferson County Environmental Public
1033 Lawrence St. Health—Conservation Futures
Port Townsend, WA 98368 615 Sheridan Street
(360) 379-9501 Port Townsend, WA 98368
sspaeth@saveland.org (360) 379-4998
tpokomy@co.j efferson.wa.us
These addresses shall be effective until receipt by one party from the other of a written notice of
any change.
27. Entire Agreement
This Agreement, along with all attachments, constitutes the entire agreement of the parties. No
other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the
parties.
28. Severability
Provided it does not result in a material change in the terms of this Agreement, if any provision of
this Agreement or the application of this Agreement to any person or circumstance shall be invalid,
illegal, or unenforceable to any extent, the remainder of this Agreement and the application this
Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law.
29. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term of this
Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; (b) insurance; and, (c) indemnification.
30. Binding on Successors, Heirs and Assigns
This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,
heirs and assigns.
31. No Third-party Beneficiaries
The parties do not intend, and nothing in this Agreement shall be construed to mean, that any
provision in this Agreement is for the benefit of any person or entity who is not a party.
Lower Chimacum Creek Mainstem Acquisitions 8
32. Signature in Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which counterparts together shall constitute the same instrument which may be
sufficiently evidenced by one counterpart. Execution of this Agreement at different times and
places by the parties shall not affect the validity of this Agreement,so long as all the parties execute
a counterpart of this Agreement.
33. Facsimile and Electronic Signatures
The parties agree that facsimile and electronic signatures shall have the same force and effect as
original signatures.
34. Public Records Act
Notwithstanding any provisions of this Agreement to the contrary, to the extent any record,
including any electronic, audio,paper or other media, is required to be kept or indexed as a public
record in accordance with the Washington Public Records Act, Chapter 42.56 RCW (as may be
amended), the Sponsor agrees to maintain all records constituting public records and to produce
or assist the County in producing such records, within the time frames and parameters set forth in
state law.
The Sponsor also agrees that upon receipt of any written public record request, the Sponsor shall,
within two business days, notify the County by providing a copy of the request per the notice
provisions of this Agreement.
This Agreement, once executed, shall be a"public record" subject to production to a third party if
it is requested pursuant to the Washington Public Records Act.
35. Effective Date of this Agreement
This Agreement shall be effective upon signing by all parties.
36. Controlling Law
It is understood and agreed that this Agreement is entered into in the State of Washington. This
Agreement shall be governed by and construed in accordance with the laws of the United States,
the State of Washington and the County of Jefferson, as if applied to transactions entered into and
to be performed wholly within Jefferson County,Washington between Jefferson County residents.
No party shall argue or assert that any state law other than Washington law applies to the
governance or construction of this Agreement.
37. Order of Precedence
If there is an inconsistency in the terms of this Agreement,or between its terms and any applicable
statute or rule,the inconsistency shall be resolved by giving precedence in the following order: (a)
Applicable state statutes and rules; (b) local laws and rules; and, (c) case law.
Lower Chimacum Creek Mainstem Acquisitions 9
38. Force Majeure
Neither party shall be in default by reason of any failure in performance of this Agreement,if such
failure arises out of causes beyond a party's control and without fault or negligence of such party,
including but not limited to; (a)acts of God; (b)terrorism or other acts of a public enemy;(c)war;
or, (d) epidemics,pandemics or quarantine restrictions.
39. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into
this Agreement.
40. Representations and Warranties
The parties represent and warrant that: (a)Each person signing this Agreement is fully authorized
to enter into this Agreement on behalf of the party for whom signature is being made; (b) Each
party that is a corporate entity is duly organized and validly existing in good standing under the
laws of one of the states of the United States of America; (c)The making and performance of this
Agreement will not 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)
Lower Chimacum Creek Mainstem Acquisitions 10
JEFFERSON COUNTY WASHINGTON JEFFERSON LAND TRUST
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair Signature
By: Name:
Greg Brotherton, Commissioner -0%;�-tlr,�-ti
Title: t%p s
By: Date: U Z3 J ZO 2.S
Heather Dudley-Nollette, Commissioner
SEAL:
ATTEST:
Carolyn Galloway,
Clerk of the Board
Approved as to form only:
r_ C January 19, 2025
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Lower Chimacum Creek Mainstem Acquisitions 11
APPENDIX A
Scope of Work
Jefferson Land Trust, as project sponsor "Sponsor", will perform the following tasks in order to
implement the Lower Chimacum Creek Mainstem Acquisitions Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than seventy-six percent
(76%). The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable la: Matching contribution(s) of no less than 76% of eligible project costs at the time
of each invoice.
Task 2: Acquire Statutory Warranty Deeds
Sponsor shall acquire statutory warranty deeds on the Properties that incorporate approved
Conservation Futures Fund Program language, including the language in item "C" of this
Agreement.
Deliverable 2a: Final statutory warranty deeds
Deliverable 2b: Qualifying appraisal(s) and estimated settlement statement (HUD-1)
Deliverable 2e: Recorded statutory warranty deeds for subject parcels
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Operations & Maintenance
Sponsor shall complete O & M practices as described in the project application(Exhibit B).
Deliverable 4a: Written description of work performed.
Task 5: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D" of this Agreement and
submit required reports to the Conservation Futures Fund Citizen Oversight Committee (through
staff) in the format provided for each year that it is required.
Deliverable 5a: Completed annual reports.
Lower Chimacum Creek Mainstem Acquisitions 12
Exhibit A
Draft Statutory Warranty Deed
Lower Chimacum Creek Mainstem Acquisitions 13
Upon recordation return to:
Jefferson Land Trust
1033 Lawrence Street
Port Townsend,WA 98368
STATUTORY WARRANTY DEED
Grantor: Rehabilitation Research Institute, a Washington nonprofit corporation
Grantee:Jefferson Land Trust,a Washington nonprofit corporation
Assessor's Tax Parcel No:961 805 605
The Grantor,Rehabilitation Research Institute,for valuable consideration, conveys and
warrants to Jefferson Land Trust("Grantee"), all of Grantor's right,title, and interest in and to
the following described real estate situated in the County of Jefferson, State of Washington:
Lots 19 through 22,inclusive, Block 56, Irondale Division No. 2,as per plat recorded in
Volume 2 of Plats,page 129, records of Jefferson County,Washington.
Situate in the County of Jefferson, State of Washington.
In order to permanently protect fragile ecosystems associated with Chimacum Creek,the
Grantor and the Grantee herein covenant and agree that the real property that is the subject of
this Deed shall be maintained, retained and conserved in perpetuity in its natural state by the
Grantee, its successors and assigns. Grantee's costs of acquiring the Property were provided in
part by grant funding from the Jefferson County Conservation Futures property tax authorized
by Washington law. Grantee hereby agrees to be bound by Jefferson County Code(JCC)
3.08.030(9),the uses authorized under RCW 84.34.230, including the obligation to ensure the
long-term conservation of the Property in accordance with the terms and conditions of the
statutory warranty deed,and to obtain the consent of Jefferson County prior to any conveyance
of any interest acquired hereby. Consistent with JCC 3.08.030(9),the Property shall not be
converted to a different use unless and only if other equivalent lands or interest in lands within
Jefferson County are received by Grantee in exchange.
EXECUTED this day of , 2025.
Kenneth Carpenter,
Chief Executive Officer of Rehabilitation Research Institute
STATE OF WASHINGTON )
COUNTY OF JEFFERSON )SS:
On this day of 2025, before me personally appeared
Kenneth Carpenter,to me known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he/she signed the same as his/her free and
voluntary act and deed,for the uses and purposes therein mentioned.
Notary signature
Notary name printed or typed
NOTARY PUBLIC, State of Washington
Residing at:
Exhibit B
2023 Conservation Futures Fund Lower Chimacum Creek Mainstem Acquisitions
Project Application
Lower Chimacum Creek Mainstem Acquisitions 14
$ON �oG2 2023 Jefferson County Conservation Futures Program
ti Property Acquisition Project and/or
>e!� Operations and Maintenance Project Application
9SyI NG"O
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
1. Project Title Lower Chimacum Creek Mainstem Acquisitions
2. Conservation Futures Acquisition Request: $47,000
Conservation Futures O&M Request: $5,000
3. Total Conservation Futures Request: $52,000
4. Please indicate the type of interest contemplated in the acquisition process.
X Warranty Deed X Easement _Other(Please describe below)
In whose name will the property title be held after acquisition?
The Rehabilitation Research Institute(RRI)and Ota properties will ultimately be owned in fee by Washington
Department of Fish and Wildlife.Jefferson Land Trust will hold a conservation easement on the Hanson
property and may purchase a portion of the property in fee.
5. Applicant Information
Name of Applicant or Organization: Jefferson Land Trust
Contact: Sarah Spaeth
Title: Director,Conservation&Strategic Partnerships
Address: 1033 Lawrence Street,Port Townsend,WA 98368
Phone: (360)379-9501,ext.101
Email: sspaeth@saveland.org
6. Sponsor Information: (ifdifferent than applicant)
Organization Name:
Contact:
Title:
Address:
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Phone: ext. Fax: ext.
Email:
This application was approved by the sponsor's legally responsible body(e.g.,board,council,etc.)on February
21,2023.
7. Project Location
Street Address or Description of Location:
The RRI and Ota properties are located at the end of W. Price Street in Port Hadlock on the south side of the W.
Price Street ROW.The Hanson property is located at the end of 8th Avenue just to the north of Irondale Road
in Port Hadlock.
Driving Directions from Port Townsend:
From Port Townsend drive south on Highway 19 to Irondale Road.Turn left on Irondale Road.To reach the
Hanson property,turn left onto 8th Ave and drive to the end of the street.The Hanson homesite includes the
house on the right and the ADU directly to the north.Trails down to the creek are to the north.
To reach the Price Street properties,continue east on Irondale Road and turn left(north)onto 7th Ave.W Price
Street is the first left hand turn off 7th Ave.
Section: 34
Township: 30 N
Range: 1W
Assessor's Parcel Number(s):
RRI -961805 605
Ota-961805 606
Hanson-001344 004 and 961806 102
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.
Rehabilitation Research Institute(RRI) -proposed ownership is WDFW or Jefferson Land Trust
Ota-same as above
Hanson-Conservation easement or a combination of conservation easement and fee ownership by Jefferson
Land Trust
CF Funds may be a portion of the acquisition funds for each of the above properties,matched by Salmon
Recovery Funding Board funds.
Please list the assessed values for each property or APN,as applicable.
RRI-$20,100
Ota-$1,200
Hanson-$499,288
8. Existing Conditions
New Site: Yes No X Number of Parcels:4
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Addition to Existing Site: X Yes No Acres to Be Acquired: 3.14
Total Project Acreage(if different): approximately 150 acres(in the lower reaches of Chimacum Creek)
Current Zoning: RR 1:5,though they are located in the Tri-area Urban Growth Area
Any current covenants,easements or restrictions on land use: None
Current Use: Existing Structures/Facilities:The RRI and Ota properties are vacant land.The Hanson property
has residential structures on one of the two parcels,and the other parcel that contains Chimacum Creek
habitat is vacant.
Waterfront (name of body of water): Chimacum Creek Mainstem
Shoreline(linearfeet): -1000 ftofChimacum Creek
Owner Tidelands/Shorelands: N/A
9. Current Property Owner X is X is not a willing seller. Ota and Hanson are willing.The RRI landowner may
be willing to sell depending on the appraised value of the property.
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.
Jefferson Land Trust and Washington Department of Fish&Wildlife(WDFW) are seeking to protect and restore
3.14 acres of at-risk Chimacum Creek mainstem,instream,and forested riparian habitat located in the
Irondale neighborhood of Port Hadlock.The lower mainstem of Chimacum Creek has been a conservation
priority of many partners for over 30 years in the effort to restore the Endangered Species Act-listed Hood
Canal Summer chum population that was extirpated in the 1980s after a road failure caused suffocating
sediment loads to Chimacum Creek.Chimacum Creek provides habitat for the Summer chum as well as
threatened Puget Sound Winter Steelhead, plus Federal Candidate coho and pink salmon.All salmonid
species listed will benefit from clean water,shaded riparian corridor,and a reduction in fine sediment
deposits.
Jefferson Land Trust is applying for funds for the protection of three properties-Research Rehabilitation
Institute("RRI".23 acres),Ota (.11 acres)and Hanson (2.8 acres).The properties are within the same stretch of
Chimacum Creek and offer a stellar opportunity to fill in some necessary protection gaps in this watershed.
Conservation entities such as WDFW,Jefferson County,and Jefferson Land Trust have already permanently
protected upwards of 150 acres within the lower two miles of Chimacum Creek.Two of the properties(RRI and
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Ota) in this grant include steep slopes that have been subject to erosive conditions which harm the spawning
instream habitat.After acquisition,these slopes will be enhanced and stabilized by the North Olympic Salmon
Coalition with conifer and shrub underplanting and removal of invasive species that are impacting forest
health.The third property(Hanson)extends across Chimacum Creek and will be protected by a conservation
easement to protect over 600ft of instream habitat.The overall goal of the project is to protect these three
properties that are currently located in an urban growth area and restore them to eliminate the risk that the
current management is posing to the recovering Summer chum salmon spawning population.
The landowners of these parcels are willing to work with the Land Trust and WDFW for permanent protection.
Under this CFF grant,project partners are applying for funding to protect the RRI and Ota properties which
include at-risk Chimacum Creek mainstem and forested riparian habitat which is in need of protection from
the surrounding neighborhood uses. Over the years,the 0.23-acre parcel(RRI) has seen a continuous
succession of short-term owners who have attempted to develop it residentially.The current owner of this
parcel is actively marketing the property as developable,despite the steep slope and proximity to Chimacum
Creek. Previous residential use of the RRI property created a harmful depression of the slope above
Chimacum Creek,which is identified as the most heavily used spawning grounds for the threatened Hood
Canal Summer chum and migrating threatened winter steelhead and other salmonids of the watershed. Major
clean-up of neighborhood dumping on the part of the County and State Environmental Protection Agency
(EPA)over the last couple years has improved conditions,but it is still threatened.Surface water draining
across the steep slopes(covered in noxious weeds) is still causing erosion.delivering fine sediments to
Chimacum Creek.The 0.11-acre parcel(Ota)which is adjacent to the RRI property,exhibits similar
characteristics of steep slopes above spawning grounds. The landowner is willing to donate the property to
the Land Trust or WDFW as a grant match.
The 2.8-acre property(Hanson) has been a priority for Jefferson Land Trust for several years. Under recent
new ownership,the Land Trust has a renewed opportunity to protect this parcel that has approximately 600ft
of Chimacum Creek spawning habitat immediately downstream of the previously described RRI and Ota
parcels.The current owner would like to protect his parcel with a conservation easement.The Land Trust has
broached the idea of purchasing the northern portion of the parcel(north of Chimacum Creek) in fee-simple
to incorporate it into our management of our existing adjacent S-Curve Nature Preserve;the southern portion
could stay in private ownership and be protected with a conservation easement.The landowner is
considering this option but is as yet undecided.With either an easement or combination easement/fee-simple
acquisition,this stretch of the creek provides equal benefit to spawning Summer chum as described above.
The County Shoreline Master Plan identifies this area as both`priority aquatic",and`shoreline residential',
and County Critical Areas designates it as a"Fish&Wildlife Conservation Area"and Landslide Hazard Area,but
it is zoned Rural Residential and lies within an Urban Growth Area.County regulations do not require
management for habitat values and Jefferson County has a`reasonable use exemption'that assumes that
each parcel has a residential right,so County regulations may not assure protection from some sort of
development. Future development of any kind would significantly threaten the stability of the steep slopes
immediately above the Summer chum spawning grounds where countless volunteer hours and tax payer
contributions have led to the reintroduction and subsequent recovery of these endangered fish in Chimacum
Creek. In addition,restoration actions including replanting and fencing will not be possible until we have
control of the parcels.
Top objectives:
1. Secure CFF funding to match the State Salmon Recovery funding Board grant-summer/autumn 2023
Success is measured by Jefferson County Commissioners approving the project funding.
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2. Purchase the fee-simple interest of the RRI and Ota properties and the conservation easement on the
Hanson property. Late 2023-25.Success is measured by reaching mutually agreeable purchase prices
and terms.
3. After protection,fence the properties,remove noxious weeds,construct bank stabilization,and plant
diverse conifers and native understory shrubs while partnering with North Olympic Salmon Coalition.
2024-2029.Success looks like restoration monitoring demonstrates a reduction in sedimentation
rates in Chimacum Creek.
Our overarching goal is to permanently preserve these Chimacum Creek parcels and replant the riparian
habitat with native species to control erosion and siltation in the prime Summer chum spawning area.
Protecting these properties in fee-simple and conservation easement will ensure that the identified problem
of landowner and neighborhood dumping will not continue.
Jefferson Land Trust and WDFW are both willing permanent landowners.Jefferson Land Trust is applying for
acquisition funds,and WDFW staff is undergoing its internal process of accepting real estate. If WDFW agrees
to own the RRI and Ota properties(as it is expected to),it will be the long-term owner. If the properties are not
accepted by WDFW,Jefferson Land Trust will be the long-term owner. Both entities are experienced in owning
and managing instream and riparian properties in the lower Chimacum Creek watershed.
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): $47,000
Total Operation and Maintenance Cost: $5,000
Total Project Cost: $52,000
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):
Lower Chimacum Creek Project related Timeline Est.Cost CFF Request Match
costs
Property and CE acquisition 2023-2025 $150,000 $47,000 $103,000
Land acquisition related costs,i.e. Late 2023-2025 $47,750 $0 $47,750
appraisal,survey,Baseline document,
Stewardship Plans,closing costs
Project management,admin and legal ongoing $10,000 $0 $10,000
fees
O&M ongoing $10,000 $5,000 $5,000
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Total $217,750 $52,000(24%) $165,750
(76%)
The estimate for the value of the properties and easement acquisition is based on our knowledge of recent
appraised value of other properties and easements compared with the current Jefferson County fair market
value assessment of properties.Jefferson Land Trust completes multiple acquisition projects each year which
helps provide us experienced estimates for project management and other administrative costs that will be
needed for this project.
O & M only go to question #15:
Scored Questions
1. To what degree does the project leverage contributions for acquisition from groups, agencies or
individuals?
1 a. Sponsor or other organizations X will _will not contribute to acquisition of proposed site and/or operation
and maintenance activities.
1 b. If applicable, please describe below how contributions from groups or agencies will reduce the need to use
Conservation Futures program funds.
Jefferson Land Trust and Washington Department of Fish and Wildlife have co-sponsored a grant application
to the state Salmon Recovery Funding Board for protection and restoration of the RRI,Ota and Hanson
properties.The CFF funding request represents a small portion of the overall estimated funding needed for
this project. Furthermore,the North Olympic Salmon Coalition (NOSC)will be managing restoration efforts
including noxious weed removal and replanting of the riparian area and steep slopes located immediately
above the important summer chum spawning grounds.This restoration will further enhance the acquisition
included in this CFF grant,and NOSC is providing funding toward this future restoration effort.
1 c. Matching Fund Estimate Acquisition O&M %
Conservation Futures Funds Requested $47,000 $5,000 24 %
Matching Funds/Resources* $160,750 $5,000 76%
Total Project Acquisition Cost $207,750 $10,000 100%
*If a prior acquisition is being proposed as match,please describe and provide documentation of value, location,
date of acquisition and other information that would directly link the match to the property being considered for
acquisition.
1 d. Source of matching Amount of Contribution If not, Contribution If not,
funds/resources contribution approved? when? available now? when?
Salmon Recovery Funding $165,750 Yes X No Sett.2023 Yes X No
$ Yes No Yes No
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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
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 X 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.
Noxious weed removal and replanting efforts on all three properties,as mentioned above,will be conducted
by NOSC which will monitor their success over an approximate 5-year timeline.The RRI and Ota properties are
adjacent to the Price Street right-of-way(ROW)and neighbors encroach on the properties in the ROW with
private vehicles,other materials,and regular trash dumping down the riparian slopes.The County continues
to communicate with neighbors about the encroachment after conducting a survey to define the ROW
boundaries and has conducted numerous clean-up efforts.WDFW and the Land Trust expect to secure the
Price Street boundaries with ecology blocks(already installed on the RRI boundary)and fencing to deter
continued future encroachments.
4. To what degree has the project sponsor demonstrated effective long-term stewardship of a
similar project?
Jefferson Land Trust has managed many acquisition projects since its inception in 1989.We have been
awarded numerous Conservation Futures grants and other public grants for acquisition of important salmon
habitat,working lands and open space.We have demonstrated effective and dependable long-term
stewardship on salmon habitat nature preserves such as Snow Creek Forest,Duckabush Riparian Forest,
Duckabush Oxbow and Wetlands Preserve,and Chimacum Creek Nature Preserve.
3 a. Describe the sponsoring agency's previous or on-going stewardship experience.
Jefferson Land Trust,Jefferson County and WDFW already own and manage many properties in the lower
mainstem area of Chimacum Creek. Land Trust staff,volunteers and contractors conduct stewardship
activities including noxious weed removal,replanting,forest health activities,and trail maintenance on
nearby properties. Similarly,Dept.of Fish and Wildlife(one of the potential long-term owners)owns adjacent
property and other connected properties downstream to the mouth of Chimacum Creek and is experienced in
managing important salmonid habitat properties.
In total,the Land Trust holds title to over 864 acres of preserves,including other salmon habitat preserves
located on Donovan Creek,Snow Creek,Big Quilcene and Duckabush Rivers.We also rely on partner
organizations like the North Olympic Salmon Coalition,the Jefferson County Conservation District and the
Hood Canal Salmon Enhancement Group to conduct major restoration activities to improve salmon habitat.
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.
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X Yes,the sponsor and/or applicant for this project has been involved in a project previously approved for
Conservation Futures funds. Please provide details:
Jefferson Land Trust has worked with many willing landowners and has sponsored 37 CFF applications over
the years since Jefferson County approved collection of the conservation futures property tax and developed
the program in 2003.These projects are found in almost all areas of East Jefferson County and range from fee
simple acquisition of nature preserves that are held by Jefferson Land Trust,or by other entities such as the
City of Port Townsend,Jefferson County or the Jamestown S'Klallam Tribe,to permanent conservation
easements held by Jefferson Land Trust on privately-owned properties.
4. To what degree is the acquisition feasible?
4 a. Property X can_cannot feasibly be acquired in a timely fashion with available resources.
4 b.Necessary commitments and agreements_are X are not in place.
4 c. All parties_are X are not in agreement on the cost of acquisition.
If"not"to any of the above,please explain below.
An assumption of this project is that all the landowners will be satisfied with the appraised value of their
properties or conservation easement.They have all signed Landowner Acknowledgment Forms.Ota has
indicated a willingness to donate their property and Hanson is amenable to working with us through the
appraisal process, but the owner of RRI is currently advertising the property for above the expected fair
market value. His willingness to accept the appraised value is an external condition that we cannot predict at
this point.
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
X 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.
Salmon recovery funding priorities at the state level and specific salmon habitat actions by watershed are
guided by the Hood Canal Coordinating Council's Hood Canal Salmon Recovery Program,2023 Priorities and
Immediate Needs. (HCCC SRP priorities and immediate needs for 2023). Priorities and immediate needs
and other potential related actions for Chimacum Creek are identified as"protection of highly functioning
habitat"and"protect riparian"habitat.
This acquisition is consistent with WDFW Conservation Principles Policy 5004 of"managing,protecting,and
restoring ecosystems";it supports the"Foundational Work to preserve and restore habitat and species".
WDFW's North Olympic Wildlife Area Management Plan states that"The primary management Concerns";for
this area include"Protect and restore riparian buffer habitat";where"Habitat restoration/enhancement is a
fundamental priority for stewardship";Strategy 3.1.1.2 of this Plan is to"Continue acquisition of parcels for
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conservation with existing grant funds"and 3.1.1.3 is to"Continue seeking grants for
acquisition/conservation/restoration".
The Shoreline Master Plan (SMP) Policies in the Jefferson County Comprehensive Plan include:
"protect flood hazard areas from development and uses that compromise the flow,storage,and buffering
of flood water,normal channel functions,and fish and wildlife habitat","protect and enhance fish and
wildlife habitat";and"protect existing wetland area and functions,while encouraging wetland
enhancement and restoration".The SMP designates this stretch of Chimacum Creek as Priority Aquatic.
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Additionally,Jefferson Land Trust's 100-Year Conservation Plan for Jefferson County, prepared with the input
of many community members,also specifically identifies the Chimacum Creek corridor as a priority area.
6. To what degree does the project conserve opportunities which are otherwise lost or threatened?
6 a. The proposed acquisition site X does _does not provide a conservation or preservation opportunity which
would otherwise be lost or threatened.
6 b. If applicable,please carefully describe the nature and immediacy of the opportunity or threat, and any unique
qualities about the site.
Project partners are very eager to acquire the Price Street RRI and Ota properties-this area has been of
particular concern to Jefferson County,NOSC,WDFW and the Land Trust for several years. Most recently in
2022,Jefferson County and the EPA conducted major cleanup and removal of the derelict structure as well as
regrading of the Price St ROW to reduce surface water run-off to the creek.The property has been through tax
foreclosure several times,and the current landowner is actively marketing the property for sale as
developable despite the small size,steep slope,and proximity to the creek.The threat of further sloughing of
the slope above the spawning grounds is imminent and the slopes are in need of clean-up,stabilization and
replanting as soon as possible.The concern is great that if it sells again to a private party,the restoration
efforts will be delayed.Securing the parcels will also allow the project partners to fence the RRI and Ota
boundaries from further encroachment and dumping.
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The opportunity to purchase a conservation easement on the neighboring Hanson property is a recent
development,and if we are successful in protecting this property it will build on the Chimacum Creek
protected habitat corridor and allow for partners to conduct enhancement activities including noxious weed
removal and native plantings.We want to work with this private landowner now while they are willing to
permanently protect their property.
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?
Yes,Jefferson Land Trust is only requesting 24%of the total project cost from Conservation Futures,which
means that the value of the project is much greater than the amount of funds requested from the County.
However,$52,000 is still a significant and important value to the project and therefore necessary for the
success of this protection and enhancement project.
7 a. Summarize the project's conservation values and how the CF funds requested support these values.
This project increases the acreage within a protected ecological corridor that is decades in the making.The
protection corridor has been established to improve the salmon recovery potential of this important reach of
Chimacum Creek,and the additions of these properties will increase the permanent riparian forest structure
that supports the aquatic habitat conditions necessary for these keystone species to continue to recover and
thrive here.Through the protection and restoration of these properties,the riparian forest will create
increased shade and bank stabilization functions,which will become increasingly important as the summers
become hotter and drier,and the winters become warmer and wetter.The properties and the corridor are
also topographically complex,on a small scale,which supports the microhabitat variability within them that
can offer refugia to moving and adapting species over time,such as herbaceous plants,small mammals,
insects,and amphibians.
Given the high conservation values,the anticipated support from the state and importance of the project to
the health of the lower Chimacum Creek habitat for endangered and threatened salmonid species,the CFF
request is minimal compared to the importance of the project.
7b. Summarize how the project's conservation values are related to the project's specific objectives.
The project's objectives described in the Project Description above relate to the conservation values by
ensuring that Jefferson Land Trust and WDFW conduct the appropriate due diligence to ensure permanent
protection,allowing for restoration and enhancement opportunities. Permanent protection of the RRI and
Ota properties through fee simple acquisition will give project partners site control to conduct restoration
actions that are critical to prevent further degradation from unstable slopes and neighbor encroachment and
will allow for enhancement of the habitat values onsite. Purchase of a conservation easement(or easement
and partial fee acquisition)on the Hanson property will ensure that the mature forested habitat on this 2-acre
property will be permanently protected and that project partners have access to conduct noxious weed
removal and other habitat enhancement activities.
8. To what degree does the project preserve habitat for flora and fauna other than habitat for
anadromous fish species?
8 a. X provides habitat for State of Washington Priority Habitat specific to the project and/or State or Federal
(NOAA and USFWS)Candidate, Endangered,Threatened or Sensitive species(provide list and references).
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.
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WDFW classifies the land here as Treshwater Forested/Shrub Wetland Habitat'and 'North Pacific Lowland
Riparian Forest and Shrubland' Priority Habitats[WDFW 2022 PHS List:"Priority habitats are habitat types or
elements with unique or significant value to a diverse assemblage of species."]and Habitats of Greatest
Conservation Need [WDFW State Wildlife Action Plan,Chapter4]. Furthermore,Freshwater Forested/Shrub
Wetland Habitat is a State Ecological System of Concern,a State Habitat of Greatest Conservation Need,and
classified by DNR's Natural Heritage Program as S2:" Imperiled.At high risk of extirpation in Washington due
to restricted range,few occurrences,steep declines,severe threats,or other factors." [DNR NHP Ecological
Systems of Washington State].
The Hood Canal Summer Chum spawning here are a Federal Threatened and State Candidate Species,the
Puget Sound Steelhead are a Federal Threatened Species,bald eagles seen here are a Federal Species of
Concern and a State Sensitive Species[all from WDFW State Wildlife Action Plan,Chapter 3].
8 b. X provides habitat for a variety of native flora or fauna species.
Intact and connected habitat with varied topography supports diverse species. The naturally regenerated
mature second-growth forest includes Douglas fir,western red cedar,red alder,big leaf maple,willow,grand
fir,salmonberry,salal,ferns,and others. Bird species seen here include great blue heron,belted kingfisher,
raven,crow,a variety of small songbirds,and evidence of pileated woodpecker.We have not had the
resources to do formal inventories of vertebrates and invertebrates.
8 c. X contributes to an existing or future wildlife corridor or migration route.
This project will form a significant addition to the protection of the Chimacum Creek riparian corridor that
connects the marine waters of Port Townsend Bay to the upland headwaters of the east and west Creek forks
in Center and Beaver Valleys,facilitating species movement and resiliency now and into the future as we
experience climate change.Jefferson Land Trust has already protected 2,575 acres in the Chimacum Creek
watershed.
8 d. Does the current owner participate in conservation programs that enhance wildlife habitat?If so,please
provide details.
None of the current landowners are currently involved in conservation programs to enhance wildlife or
salmon habitat.Conservation project partners are eager to gain site control of the RRI and Ota properties to
ensure that future degradation will be prevented.The Hanson property owner is eager to work with project
partners to remove noxious weeds and conduct additional habitat enhancement activities.
Current landowners of the RRI and Ota properties are not implementing practices that protect the
conservation values of the property.Current regulations have not succeeded in protecting these parcels from
degradation. In the 1980s,previous owners of the RRI property had placed a manufactured home at the top of
the bluff and abandoned it along with a considerable amount of solid waste.A broken waterline servicing the
home caused serious erosion of the steep slope above the spawning grounds.This lack of participation in
conservation programs further proves the need for conservation ownership.
9. To what degree does the project protect habitat for anadromous fish species?
9 a. Describe to what degree the project protects habitat for anadromous fish species(for example:marine
shorelines,stream or river corridors including meander zones, and riparian buffers). Please provide documentation
and maps that demonstrate the location,quality and extent of the existing buffer and adjoining habitat.
Anadromous fish runs on Chimacum Creek have historically included Hood Canal Summer Chum, Puget
Sound Winter Steelhead,and Puget Sound Coho,Fall Chum, East Strait of Juan de Fuca Coastal Cutthroat,
and Pink Salmon. Resident fish runs also include abundant cutthroat and rainbow trout.Salmon runs in this
watershed are greatly diminished from historic levels. Major limiting factors include low dissolved oxygen and
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elevated temperatures associated with the lack of forested riparian cover,heavy siltation of spawning and
rearing gravels in the mainstem and tributaries,and loss of channel complexity and structure,particularly the
loss of large woody debris that forms pool habitat.
Permanent protection and restoration of the RRI and Ota properties through fee simple acquisition will
increase the riparian habitat quality and ultimately reduce the potential for slope instability,sedimentation
problems and water quality in this reach of Chimacum Creek.The slope stability above Price St.is currently
weak,and it is extremely important to replant soon to prevent any sloughing of sediment into the spawning
grounds. Protecting these parcels and the Hanson property will increase acreage within an ecological corridor
that is decades in the making.The protection corridor has been established to improve the salmon recovery
potential of this important reach of Chimacum Creek,and the additions of these properties will increase the
permanent riparian forest structure that supports the aquatic habitat conditions necessary for these keystone
species to continue to recover and thrive here.Through the protection and restoration of these properties,the
riparian forest will create increased shade and bank stabilization functions,which will become increasingly
important as the summers become hotter and drier,and the winters become warmer and wetter.The
properties and the corridor are also topographically complex,on a small scale,which supports the
microhabitat variability within them that can offer refugia to moving and adapting species over time,such as
herbaceous plants,small mammals,insects,and amphibians.
The sponsor's plans for restoration and enhancement will help to address many of the current threats to this
anadromous fish habitat by protecting the riparian corridor and increasing native tree species which will
eventually add to channel complexity and structure.
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12
2023 CF Program Application FINAL
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10. To what degree does the project preserve farmland for agricultural use OR forestland for
silvicultural use?
These properties are not being protected for farmland or silvicultural use.All#10 questions are not applicable.
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.
N/A
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.
N/A
10 c. Describe how the acquisition or proposed easement will likely preserve and/or enhance soil, water quality,
watershed function and wildlife habitat.
N/A
10 d. Does this project preserve a mix of quality farmland and forestland?
N/A
11. Climate change:
I I 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?
Resilience in riparian habitats such as these is achieved with old forest structure and species diversity.The
protection of the existing mature forest conditions on a portion of these properties,and the replanting and
maintenance of a portion of these properties to reestablish old forest conditions,will improve their overall
ecological function over time.These protected and improved conditions will also increase species diversity
13
2023 CIF Program Application FINAL
and habitat values,which will increase the project area's ability to rebound after climate stressors and
impacts.The addition of these properties into the protected habitat corridor will also provide permanent
continuity for the biota that rely on the riparian and aquatic conditions of this lower reach of the watershed.
Wildlife species need space to move to adapt to the changing climate conditions,and increasing the
protected area and continuity will improve the overall movement possibilities within this important corridor.
12. What area does the project serve?
12 a. Describe how the proposed acquisition benefits primarily a_local area X broad county area including the
area served,the nature of the benefit,the jurisdictions involved, and the populations served.
The proposed acquisition benefits a broad County area and Washington State priorities by protecting critical
habitat for endangered salmon species of this area,including the summer chum salmon,fall chum,coho,
steelhead and trout,as well other wildlife species like kingfisher,osprey,great blue heron,pileated
woodpecker,and bald eagles.
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.
No
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.'
Streamside sections of the RRI and Ota properties are accessible through the adjacent WDFW property which
is already open to the public,and there is potential for placement of interpretive displays on the Price St ROW
or on the WDFW land. Project partners are planning to fence the upland portions of these two parcels to
prevent degradation of the conservation values. Public access is not being proposed for the Hanson's private
property if the primary protection mechanism is a conservation easement. If we can acquire the portion of the
Hanson property on the north side of Chimacum Creek in fee simple,that area would be accessible through
the Land Trust's S-Curve Nature Preserve.
The Land Trust and NOSC provide annual education programs focused on salmon to first,second and seventh
grade school kids from Port Townsend and Chimacum Districts on Jefferson Land Trust's nearby Illahee
Preserve.The Illahee Preserve has a trail system that accommodates the students without compromising the
conservation values of the habitat.
14. To what degree does the project preserve historic or culturally significant resources39
14 a. The proposed acquisition_includes historic or culturally significant resources4 and
_is registered with the National Register of Historic Places,or an equivalent program.
'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.
14
2023 CF Program Application FINAL
X is recognized locally has having historic or cultural resources.
X 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.
While we have not conducted a cultural resources assessment of the project area yet and are not aware of any
archaeological evidence in the area specific to the project,the village site of the Chemakum Tribe was located
nearby downstream at the mouth of Chimacum Creek.Salmonid species and the habitat required for healthy
populations is of great importance to the local Tribes and is documented in the letter of support for this
application from the Jamestown S'Klallam Tribe.
O & M Stand Alone Projects
15. Applications for Operation and Maintenance funding only to be scored on a scale of 1-100
based on information provided. Consider the CF Manual and the topics below, for example:
15 a. Please describe in detail,the reason O&M funds are needed,proposed O&M activities,and how they
protect resources cited in the original acquisition project. Attach additional information such as up-to-date
stewardship plan,maps,field reports,work plan,budget,timeline, etc.,to support the application, if appropriate.
O& M projects must address a compelling, immediate need. Specifically include whether the project has an up-
to-date stewardship plan. If there is such a plan, is it being implemented and is the proposed O&M work
specifically included in the plan?Also,describe any unforeseen or urgent threats to the resource conservation
values of the site and whether the proposed O& M activities will mitigate those threats and/or prevent potential
future threats.
Ongoing management of Nature Preserves requires careful on-the-ground care by professional and volunteer
land stewards. The 0&M funds support the implementation of the management plan,which,for the fee-
acquisition projects this year,will be focused on the habitat and biodiversity protection and enhancement of
the riparian forests and associated aquatic conditions.The 0&M funds will be dedicated to annual
monitoring,signage,and site restoration including trash removal,invasives control,and planting.
Protection of these properties requires regular monitoring to help prevent unauthorized use and other forms
of trespass,and to help ensure the habitat and biodiversity conditions are supported. Operations and
Maintenance(stewardship)of the protected properties is what helps ensure the investment is providing the
benefits intended.
We have not developed a specific stewardship plan for these properties,but if awarded funds and if
negotiations are successful with the landowners,we will provide the Management Plan for these properties.
Infestation of a significant amount of these properties by English ivy,holly,and bittersweet nightshade will
require immediate work.The property is a popular natural area visited by neighbors,which has resulted in
some trash that requires immediate clean up. New signage and regular visits will also be required to help
ensure appropriate use.
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
15
2023 CF Program Application FINAL
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 a orts for
three years and for any year in which O&M funds are expended. SI S Initials 3 L3 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 he required to re-submit the application if the
project sponsor does not obtain the necessary matching funding within three years.
S S Initials 31IN13 Date
16 d. The applicant has reviewed all project requirements and all information in the application is accurate to the
best of their knowledge. S S Initials3lt3)_23 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. SS Initials 3hsh5Date
16
2023 CF Program Application FINAL
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JAMESTOWN
i
1033 Old Blyn Highway, Sequim,WA 98382 360/683-1109 FAX 360/681-4643
January 30, 2023
Dear granting agency review team:
The Jamestown S'Klallam Tribe (Tribe) wishes to express our support for the Lower Chimacum Creek project
application for funding to permanently preserve and restore critical Chimacum Creek riparian, floodplain and
channel migration zone habitat for salmonid species and wildlife habitat. Chumsortium partners, including
Washington Department of Fish and Wildlife, Jefferson Land Trust, North Olympic Salmon Coalition,
Jamestown S'Klallam Tribe, Jefferson County Conservation District, WSU Cooperative Extension and others
have a long history of habitat protection and restoration in the Lower Mainstem reach of Chimacum Creek
resulting in over 150 acres of permanently protected, function habitat for spawning Summer chum salmon and
other salmonids.
The Jamestown S'Klallam Tribe is sovereign Tribal Nation and signatory of the Point-No-Point Treaty. Access
to natural resources such as salmon, shellfish, and cedar is a key right reserved by the Tribe in the treaty.
These treaty protected natural resources have suffered great damage over the last 200 years and the Tribe
works with partners across its traditional territories on protection and conservation of natural resources. We are
a small Tribal government and rely on our partners to advance important projects in Jefferson County including
the protection and recovery of endangered summer chum.
Since time immemorial the resources of the Salish Sea, rivers, and streams, have nourished the S'Klallam
people. Chimacum Creek and its watershed is an important place for the Tribe. Over the last few decades,
Tribal staff and leaders have provided technical support and leadership to Chumsortium and to the ongoing
recovery of Chimacum salmon.
Permanent conservation of key habitat properties is the only way to ensure that habitat forming processes can
create and maintain habitats in a changing environment. We have an opportunity to preserve several high
priority properties that are currently missing pieces in the overall protection strategy in this area of the
Chimacum Creek watershed. Once secured, project partners can conduct replanting efforts to stabilize steep
bluffs where current conditions are a threat to the Summer chum spawning grounds and to the migration and
rearing habitat for coho, steelhead and cutthroat trout.
State and local grant program funding has been critical to Chimacum Creek watershed protection and
restoration successes over the last 30 years. and we hope your approval of this project expands that effort. We
strongly urge you to consider and approve Jefferson Land Trust's application request.
Sincerely,
Robert L. Knapp
Environmental Planning Program Manager
Jamestown S'Klallam Tribe
1033 Old Blyn Highway, Sequim, WA 98382
Phone: 360-681-4666 Email: rkngUiPiamestown tribe.oW
of y
any a�iy
'� INtl9
State of Washington
Department of Fish and Wildlife
48 Devonshire Road, Montesano, Washington 98563-9618(360) 249-4628 FAX(360)249-1229
February 3'd, 2023
Dear Funding Review Team:
The Washington Department of Fish and Wildlife (WDFW) and Jefferson Land Trust have been working
together in the development of the Lower Chimacum Creek project application for funding to permanently
preserve and restore critical Chimacum Creek riparian, floodplain and channel migration zone habitat for
salmonid species and wildlife habitat. Chumsortium partners, including WDFW,Jefferson Land Trust, North
Olympic Salmon Coalition,Jamestown S'Klallam Tribe,Jefferson County Conservation District, WSU
Cooperative Extension and others have a long history of habitat protection and restoration in the lower
mainstem reach of Chimacum Creek resulting in over 150 acres of permanently protected,functional habitat
for spawning summer chum salmon and other salmonids.
WDFW and Jefferson Land Trust have a longstanding relationship that has led to successful protection and
restoration of much of the lower Chimacum Creek watershed. Previous collaboration in the area has helped
restore the Irondale Beach area, now cherished by local community members and advocated for by the
Friends of Chimacum Creek and has protected over a mile of Chimacum Creek for chum and other fish
habitat. The devotion of Jefferson Land Trust to this cause has helped WDFW move forward on projects and
connect with local communities. The ability for Jefferson Land Trust to acquire this property now through
these funds means that we will be able to continue to work together to improve ecological integrity and
provide recreational opportunities to the public in this area. WDFW is interested in becoming the long-term
owner of two of these properties, which would allow much of the creek corridor to be under single
continuous management and aid the land by ensuring a continuity of objectives. Eventual transfer of the
parcels in question to WDFW would be contingent upon approval by our Director following our Lands 20/20
process evaluation, which includes a public review period, and ultimately by the Washington Fish and
Wildlife Commission.
We have an opportunity to preserve several high priority properties that are currently missing pieces in the
overall protection strategy in this area of the Chimacum Creek watershed. Once secured, project partners
can conduct replanting efforts to stabilize steep bluffs where current conditions are a threat to the summer
chum spawning grounds and to the migration and rearing habitat for coho, steelhead and cutthroat trout.
State and local grant program funding has been critical to Chimacum Creek watershed protection and
restoration successes over the last 30 years. and we hope your approval of this project expands that effort.
We strongly urge you to consider and approve Jefferson Land Trust's application and funding request.
Sincerely,
axi
hi Vi
Brian M. Calkins
Regional Wildlife Program Manager
cc: Katie Laushman
JEFFERSON COUNTY CONSERVATION DISTRICT
im i 205 W. Patison Street, Port Hadlock,WA 98339—360-385-4105—infoajeffersoncd.org
jeffersoncd.org
February 1, 2023
Dear Granting Agency Review Team:
Jefferson County Conservation District is writing to express our support for the Lower
Chimacum Creek project application for funding to permanently preserve and restore critical
Chimacum Creek riparian, floodplain and channel migration zone habitat for salmonid species
and wildlife habitat.
We and our other Chumsortium partners, including Washington Department of Fish and
Wildlife, Jefferson Land Trust, North Olympic Salmon Coalition,Jamestown S'Klallam Tribe,
WSU Extension and others have a long history of habitat protection and restoration in the
lower mainstem reach of Chimacum Creek, resulting in over 150 acres of permanently
protected, functional habitat for spawning Summer chum salmon and other salmonids.
Chimacum Creek has been at the heart of conservation district water quality improvement and
habitat restoration work for well over three decades, and we continue to work with our
partners to try to make improvements. Should this grant application get funded, the
conservation district is eager to help with riparian planting and related restoration work on
these properties.
We have an opportunity to preserve several high priority properties that are currently missing
pieces in the overall protection strategy in this area of the Chimacum Creek watershed. Once
secured, project partners can conduct replanting efforts to stabilize steep bluffs where current
conditions are a threat to the Summer chum spawning grounds and to the migration and
rearing habitat for coho, steelhead and cutthroat trout.
State and local grant program funding has been critical to Chimacum Creek watershed
protection and restoration successes over the last 30 years. and we hope your approval of this
project expands that effort. We strongly urge you to consider and approve Jefferson Land
Trust's application request.
Sincerely,
Joe . Woltro
p
District Manager
• NORTH OLYMPIC SALMON COALITION
Restoring wild salmon habitat on the North Olympic Peninsula
www,nosc.org
January 2023
Dear granting agency review team:
The North Olympic Salmon Coalition (NOSC) is in full support of the Lower Chimacum Creek project
application for funding to permanently preserve and restore critical Chimacum Creek riparian, floodplain and
channel migration zone habitat for salmonid species and wildlife habitat. NOSC has been working with JLT in
the project area for many years and looks forward to continued cooperation as more parcels are protected in
this unique and important corridor of ESA listed Summer Chum habitat.
NOSC has been working hand and hand with JLT on the Price Street Property for years. If successfully
acquired we will assist with invasive plant and garbage removal and restoration plantings on the property.
Currently this property is a real problem in the middle of Summer Chum habitat and this grant will give us a
chance to do something about that problem to the benefit of fish, wildlife and people.
This grant follows on the heels of many before it over the last 30 years. Efforts which have contributed to the
rebound of Summer Chum and constantly improving habitat along the creek corridor. There is still work to be
done and we encourage you to support the Jefferson Land Trust and their partners in the continued effort to
preserve, protect and restore the critical habitat that is the center of this grant proposal.
Sincerely,
ert�-
Kevin Long U
Project Manager
Landowner
Ackn owl edger-,,. ent Forms
Project Applicant "nformation
Applicant Name: Jefferson Land Trust, Washington Department of Fish and Wildlife
Project Number/Name: Chimacum Creek Price St
Contact: ❑ Mr. ❑ Ms. First Name: Sarah Last Name: Spaeth
Title: Director, Conservation & Strategic Partnerships
Mailing Address: 1033 Lawrence St, Port Townsend, WA 98369
E-Mail Address: sspaeth@saveland.org
Property 'information
Address or Location: W Price St, Port Hadlock, WA 98339
County/Parcel Number:961805606
Landtivvner Information
Landowntif Name: Christine S. Ota !d dG tir�SS
Mailing Address: F`:Ct.t�m Wu, Port Townsend, Wa.98368
E-Mail Address; moke@olypen.com
1. 1, Christine S. Ota, am the legal orNner of property described in the grant application being
submitted to the Recreation and Conservation Office by the project applicant.
2. 1 am aware that the project being proposed in the grant application is on my property.
3. If a grant is successfully awarded, I will be contacted and asked to engage in negotiations.
4. My signature does not represent authorization of project implementation.
5. If I am affiliated with the project applicant, I will recuse myself from decisions made by the project
appltcanl to�OAY,to�w wttram-_my p5apeJ.
6. Thaw :art.Card not;circle one)truants on the property.Tenants displaced as a result of this
limiuct inay�-11 Uliyible for felucAion assistance.
LAnduvvrier Signature _ Date
"Manual 3: Acquisition Projects,"Appendix H
Landowner
Acknowledgement Forml
Project Applicant Information
Applicant Name: Jefferson Land Trust,Washington Department of Fish and Wildlife
Project Number/Name: 23-1065, ACQ, REST Lower Chimacum Creek Mainstem
Contact: ❑ Mr. ❑ Ms. First Name: Sarah Last Name: Spaeth
Title: Director, Conservation & Strategic Partnerships
Mailing Address: 1033 Lawrence St, Port Townsend,WA 98368
E-Mail Address: sspaeth@saveland.org
Property Information
Address or Location: 51 811 Avenue, Port Hadlock,WA 98339
County/Parcel Number: 961806605
Landowner Information
Landowner Name: Eric A. Hanson
Representative:❑ Mr. ❑ Ms First Name: Eric Last Name: Hanson
Title: Landowner
Mailing Address: 51 81 Avenue, Port Hadlock,WA 98339
E-Mail Address: ericalan1251@gmail.com
1 Eric A. Hanson is the legal owner of property described in the grant application being
submitted to the Recreation and Conservation Office by the project applicant.
1. 1 am aware that the project being proposed in the grant application is on my property.
2. If a grant is successfully awarded, I will be contacted and asked to engage in negotiations.
3. My signature does not represent authorization of project implementation.
4. If I am affiliated with the project applicant, I will recuse myself from decisions made by the project
applicant to work on or purchase my property.
5. Ther areA are not(circle one) tenants on the property. Tenants displaced as a result of this
project may be eligible for relocation assistance.
?C �j L_1?./_4,''Yt 2 j 20 2-3
Landowner/Representative Signature Date
1 "Manual 3:Acquisition Projects,"Appendix H
Landowner
Form 'Acknowledgem ne t
M__
Project Applicant Information
Applicant Name: Jefferson Land Trust, Washington Department of Fish and Wildlife
Project Number/Name: Chimacum Creek Price St
Contact: ❑ Mr. ❑ Ms. First Name: Sarah Last Name: Spaeth
Title: Director, Conservation & Strategic Partnerships
Mailing Address: 1033 Lawrence St, Port Townsend, WA 98368
E-Mail Address: sspaeth@saveland.org
Property Information
Address or Location: 111 W Price St, Port Hadlock, WA 98339
County/Parcel Number: 961805605
Landowner Information
Landowner Name: Rehabilitation Research Institute
Representative: 4—Mr. ❑ Ms. First Name: Kenneth Last Name: Carpenter
Title: 114 D
Mailing Address: P.O. Box 27256, Seattle, WA 98165
E-Mail Address: r2i2@comcast.net
1. Rehabilitation Research Institute is the legal owner of property described in the grant
application being submitted to the Recreation and Conservation Office by the project applicant.
2. 1 am aware that the project being proposed in the grant application is on my property.
3. If a grant is successfully awarded, I will be contacted and asked to engage in negotiations.
4. My signature does not represent authorization of project implementation.
5. If I am affiliated with the project applicant, I will recuse myself from decisions made by the project
applicant to work on or purchase my property.
1
& There are ILare not (circle one)tenants on the property. Tenants displaced as a result of this
project ma�be eligible for relocation assistance.
Landowner/Representative Signature Date
' "Manual 3: Acquisition Projects," Appendix H
Exhibit C
2023 Conservation Futures Fund Program Manual
Lower Chimacum Creek Mainstem Acquisitions 15
�`�ti()N Ci
w )(
Jefferson County Conservation Futures Program Manual
2023 Funding Cycle
Jefferson County Conservation Futures Program Manual
2023 Funding Cycle
Mission of the Conservation Futures Program
The mission of the Jefferson County Conservation Futures Program is to provide a system of public open
spaces,those open spaces being necessary for the health, welfare,benefit and safety of the residents of
Jefferson County and the maintenance of Jefferson County as a desirable place to live, visit and locate
businesses.
Conservation Futures Fund Citizen's Oversight Committee Membership(as of December 12,2022)
Mary Biskup, Citizen, District 1
Guy Dobyns, Citizen,District 3
Rob Harbour, Interest—Working Lands
Richard Jahnke, Interest—Coastal Areas
Cameron Jones, Interest—Equity
Kalyn Marab, District 3
Joanne Pontrello,Citizen,District 2
Ron Rempel, Interest—Wildlife Conservation Biology
Craig Schrader, Interest—Climate Change
Jessica Randall,Interest—Ecosystem Services
David Wilkinson,Citizen,District 1
Vacant,Citizen, District 2
Vacant, Interest
Table of Contents
Overview...................................................................................................3
Conservation Futures Fund Citizen Oversight Committee(CF Committee).....................4
ProjectSelection...........................................................................................4
Information Sources......................................................................................4
Reimbursement ...........................................................................................5
Compliancewith All Laws...............................................................................5
RecordRetention..........................................................................................6
Acquisition Projects.......................................................................................6
Operation and Maintenance(O&M)....................................................................9
RequiredSite Visit......................................................................................I I
RequiredMeeting........................................................................................I I
AnnualReports...........................................................................................I I
ProjectChanges..........................................................................................12
Program Suggestions.....................................................................................13
Forms and Templates.....................................................................APPENDIX A
Project Agreement Templates
Annual Report Form Template
Please note: The 2023 CF Application and Scoresheet are available separately
from program staff.
Map of Approved Projects...............................................................APPENDIX B
Definitions.................................................................................APPENDIX C
Draft 2023 Program Calendar ..........................................................APPENDIX D
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Overview
Jefferson County welcomes your application to the Conservation Futures Program(CF Program).Please
do not hesitate to contact the program coordinator at Jefferson County Public Health with questions at
Ph:360/379-4498 or tpokomy@co.jefferson.wa.us.The Conservation Futures Program website address is
http://www.co jefferson.wa.us/commissioners/Conservation/conservation.asp.
In July 2002,the county commissioners approved the Conservation Futures Ordinance,Jefferson County
Code Section 3.08,in accordance with the Revised Code of Washington(RCW)Chapter 84.34.The
ordinance establishes goals for the county's Conservation Futures Program and an allocation process for
the conservation futures tax levy.
The purpose of the CF Program is to acquire open space lands,including green spaces,greenbelts,fish
and wildlife habitat,trail rights-of-ways,agricultural land and forest land(as those terms are defined in
Ch. 84.34 RCW).Projects may include fee-simple or any lesser interest or development right with respect
to real property as well as operation and maintenance(O&M)activities. O&M projects must be linked
to a past,or proposed,CF-funded acquisition.
A minimum 50%match is required for all project types. Match must be cash, land trades,the value of
land to be traded,or other open spaces linked to the property under application.Lands primarily for their
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 formal project
presentation to the CF Committee,the stewardship plan and its implementation,and all County
contracting,reporting,and reimbursement requirements.
Available funding is announced early in the calendar year and applications are provided by Jefferson
County Public Health. Conservation Futures Fund monies can be the collateral,revenue stream or security
for long-term financing(typically bonds)in a manner consistent with law. Public workshop(s)may be
held prior to the start of the funding round and are available by request throughout the year.The program
coordinator is always available to answer questions from sponsors,applicants,and interested parties.
This funding cycle,applications will be due Friday,March 24th,2023 and sponsors host site visits and
present projects to the CF Committee in late March and/or early April. Information about the application
period is posted on the program website,announced in local newspapers and via email,and available by
contacting the program coordinator.In April or May,the CF Committee meets to rank projects,determine
recommended funding levels,and compose its overall recommendations to the Board of County
Commissioners(BoCC). The BoCC typically makes award determinations in July.Approved project
funds are not generally available to project sponsors until August or later.At least every other year,the
BoCC reviews the priorities of the CF Program and the project ranking process.All meetings of the CFF
Committee are open to the public.Citizens are encouraged to attend.
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Conservation Futures Fund Citizen Oversight Committee
The CFF Committee membership is intended to reflect a broad spectrum of interests and expertise.It
includes at least two individuals from each commissioner district and at least nine citizens total.Anyone
interested in applying for a seat on the committee is encouraged to contact the Board of County
Commissioners Office Oeflbocc@co.jefferson.wa us)and/or the program coordinator at Public Health.
Project Selection
The CFF Committee scores and ranks project applications according to criteria designed to reflect the
priorities expressed in the Jefferson County Code Section 03.08.040.This evaluation process has five(5)
distinct phases as follows:
1. Written project application:Each CFF Committee member(CFFCM)independently reads and
assesses each application and prepares any necessary clarification questions.
2. Site visits: Each CFFCM must attend the project site visits(or view a video of the site visit).
Questions may be posed by committee members and answered during this site visit or they may be
held until the project presentations meeting.
3. Oral presentation of the project:Each sponsor and CFFCM must attend this meeting during which
the project sponsor(s)present their project(s)and answer questions posed by the committee members.
Following the oral presentations,a deadline will be established for CFFCMs to submit additional
questions to applicants(via county staff).After this set deadline for additional questions,a second
deadline will be established for the receipt of all answers from applicants.After this second deadline
no further additional information may be requested,received or considered by the committee.
4. Submission of project score sheets:Each CFFCM submits to the program coordinator a form for each
project consisting of questions that ask how well,in the committee member's judgement,an applicant
meets the criteria for approval and funding.The committee member assigns a numerical"score"
(within a range predetermined by the CFF Committee)for each of the questions and it is weighted by
a predetermined multiplier. Individual scores for each project are recorded in a spreadsheet by the
program coordinator.This spreadsheet is emailed to CFFCMs as soon as all the scores are available
and entered as soon as possible ahead of the meeting to rank projects.
5. During the meeting to rank projects,CFFCMs will have an opportunity to ask questions of each other
about scoring choices and interpretations of specific questions and may adjust their scores as desired.
Afterwards,a committee composite"score",for each project application is obtained by taking the
average of the"scores".If a project application's composite"score"is 70%of the total possible
numerical value for a project"score"or greater,the project is considered worthy of funding(i.e.
eligible for).Projects"scoring"below 70%of the total possible numerical value for a project"score"
are not considered for funding unless compelling reasons for funding arise in the final evaluation
phase.
6. Ranking and recommendation for funding of project applications: Each project application judged
eligible in phase#4 is discussed,bringing into focus information garnered from phases 1 through 4
and in light of current funds available to the cycle.All project applications are compared and a final
ranking and funding recommendation may be determined for each of the project applications and
submitted to the Board of County Commissioners in a memo from the CFF Committee chair or vice
chair.The Committee must provide justification to the Commissioners for any and all changes from
the numerical ranked order.
Information Sources
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The CF Program is administered by the Commissioners'Office with assistance from Public Health.Please
note that the information contained in this manual does not supersede the statutes governing the Jefferson
County Conservation Futures Fund and Program,and should be read in conjunction with them.
Relevant sections of law are found in Revised Code of Washington,Chapter 84.34(RCW 84.34)and the
Jefferson County Code(JCC 03.08).
To access RCW 84.34 online,visit https:HLLpp.leg.wa.pov/rcw.The Jefferson County Code is available
online at http://www.codepublishing.com/WA/JeffersonCounty.
Contact the program coordinator at ph: 360/379-4498 or email tpokorny@co.jefferson.wa.us.
Reimbursement
All grants are funded by the Jefferson County Conservation Futures tax levy.After a public hearing is
held,one or more project award resolutions may be passed by the Board of County Commissioners,
usually in June or July. Project agreement(s)(Appendix A)between the County and the project sponsor
are then developed to include the full scope of work as described in the original or updated application.A
final draft grant deed of conservation easement or statutory warranty deed is requested to serve as an
attachment to the agreement along with the project application and that year's program manual.
Except in the case of escrow payments,sponsors must expend their own funds on eligible and allowable
expenditures prior to requesting reimbursement. With sufficient lead time,an approved settlement
statement,the qualifying property appraisal,and the required documentation of the matching contribution,
CF funds may be made available to the title company shortly before closing for the direct costs of
property acquisition.Please discuss dates for closings with the program coordinator to help ensure that
grant funds are ready and available when needed.
The project sponsor will commit to providing a matching contribution consistent with the project
application,and no less than the amount of conservation futures funds awarded to the project,before
conservation futures tax funds are reimbursed to that sponsor.This contribution may consist of
• cash
• land trades if the valuation of the land to be traded is established by a valuation arising from an
appraisal generated by a Washington State Certified Licensed Appraiser(Member of the
Appraisal Institute MAI);
• the cash value of the land to be traded,excluding Jefferson County conservation futures
contributions;or
• other open spaces acquired within the previous two years that is situated either directly adjacent
to or could,in the sole discretion of the county,be directly linked to the property under
application.
• cost of appraisal,title insurance,closing costs,and other miscellaneous fees(See JCC
3.08.030(5).)
Deeds and conservation easement documents must be recorded-by the Jefferson County Auditor's Office
within 30 days of closing.
If matching funds are not secured within three years,the project may be required to re-apply.
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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 CH Committee are subject to the Open Public Meetings Act,Ch.42.30 RCW.The
public is always invited and encouraged to attend.Two observer comment periods are included in each
agenda.
Acquisition Projects
Project applications for the acquisition of property must meet the following threshold criteria in order to
be considered for funding.Each application will receive an initial screening to make sure that it is in
compliance.Applicants are encouraged to submit pertinent materials and documents,as appropriate, in
addition to those items required.Multi-year acquisition projects are permitted but require additional
justification.
Project Eligibility
Proposed acquisitions must have a willing seller.
The property,or property right,must be eligible for purchase as defined by state law,RCW
84. 34.210(i.e. "...protect,preserve,maintain,improve,restore,limit the future use of,or
otherwise conserve,selected open space land,farm and agricultural land,and timber
land...").
Conservation Futures funds cannot be used to acquire property,or a property right,that will
be used for active recreation purposes(including but not limited to sports fields,playgrounds,
recreation centers,swimming beaches or pools,motorized boat launches).
Conservation Futures funds cannot be used for passive development of a site.For the
purposes of this application,passive improvements include,but are not limited to,trails,
interpretive centers,viewpoints,picnic areas,access,restrooms,landscaping and parking.
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts,State or federal agencies,
private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
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All applicants must have a local sponsor.Eligible sponsors include county,municipalities,park
districts,or private non-profit corporations based in Jefferson County.A current,but not necessarily
comprehensive,list of eligible local sponsors may be requested from program staff.
Eligible Capital Project Expenditures: (See also JCC 3.080.030(7))
Capital project expenditures or match may include:
_Costs of acquiring real property,including interests in real property
_Cost of related relocation of eligible occupants(includes administration)
_Cost of appraisal
_Cost of appraisal review
_Cost of title insurance
_Closing costs
_Pro rata real estate taxes
_Recording fees
_Compensating tax
_Hazardous waste substances reports
_Directly related staff and administrative costs(These are limited to 5%of the total cost of the project.)
_Related legal costs excluding the cost of preparing application for conservation futures funds.
_Baseline documentation -
_Boundary survey
Cultural resources review(survey,excavation,on-site monitoring and data recovery)
Conservation futures tax levy funds may not be used to acquire any real property or interest in real
property therein through the exercise of the power of eminent domain.
Stewardship Plan
Prior to reimbursement,sponsors must provide a stewardship plan to the CFF Committee that
describes how the property,or property right,will be maintained over time.Costs for stewardship
plans are eligible for operations and maintenance reimbursement only under"Special Reports"(not as
a capital acquisition expense).
Title Report and Title Insurance
Please make county staff aware of issues that could affect the title report and provide updates as they
are generated.A title report and title insurance are to be issued in conjunction with the property
transaction.
Appraisals
Successful applicants must provide an independent appraisal(standard,narrative or M.A.I.)from a
Washington State Certified Licensed Appraiser if the estimate of value exceeds the assessed value at
the time that reimbursement is requested. In no case shall conservation futures funds dispersed exceed
the grant amount awarded by the BoCC.No appraisal is required for properties assessed at$20,000 or
less.
The appraisal must:
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be no more than 1 year old.A Supplemental Update by the original appraiser may be
required, at the discretion of the county, if the appraisal is more than six months old.
include a current Title Report provided at the time of the most current appraisal or
update.
if timber, mineral or aquatic resources are to be included as value to the appraisal,then
the appraisal shall include a separate timber, mineral or aquatic resources evaluation of
value,
or
an opinion of value from a qualified representative of the real estate industry or recent
valuation from the Jefferson County Assessor's Office may be used when the total
assessed value does not exceed$20,000.
Review Appraisals
No appraisal review is required of the sponsor by the CF program. However,the CFF Committee
and/or the county may choose to select an appraisal for independent review for any reason.
Project Implementation
At the time of purchase or the signing of a"purchase and sale agreement",the appraisal must be no
more than a year old unless an extended period is requested and approved by the county, up to a total
of 18 months.
Application and Attachment Requirements for Acquisition Projects
All materials must be submitted electronically as one or more PDF files to
tpokornygco iefferson.wa.us:
Proof of Willing Seller: A "Willing Seller"letter confirming that the current owner of the
property proposed for acquisition is willing to sell.
Estimate of Value: A county assessment, certified appraisal of value, and/or an estimate
of value from the project sponsor.
Site Location Map: On a Jefferson County base map,or on a map of the sponsoring
agency's jurisdictional boundaries,clearly identify the location of the proposed
acquisition.
Project Boundary Map: On a quarter-section map or other map of sufficiently large scale,
identify the boundaries of the proposed project.
Color Images: Provide six(6)different views of the property proposed for acquisition.
The images should show vegetation,terrain,waterfront, man-made features, access roads,
wetlands, unique characteristics,etc. Please include captions and an aerial view, if
available.
Development Plan or Narrative: Provide a schematic or master plan map of the project
site showing proposed uses and improvements, if applicable.
In addition, if the application sponsor is a private non-profit organization,attachments
must also include:
_Proof of 501(c)(3) Status
_Current Budget
_Board Roster
_Organization Chart or Staff Roster
_Most Recent Financial Statements (audited if possible)
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_Copy of minutes or resolution documenting official action to submit application for
proposed acquisition. If more than one project is submitted from the same sponsor,the
minutes or resolution should indicate the project priority and how it was determined.
Combination Acquisition/0&M Projects
Projects that involve acquisition and O&M expenses are allowed and require that both sets of application
materials be submitted
Operations and Maintenance Projects(combination or standalone)
Statement of Priority with regard to standalone O&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
(15%)of the conservation futures tax levy monies raised in the preceding year.
Project Eligibility
Operation and maintenance funding may be used for any property to be acquired,or previously
acquired,with Conservation Futures funds.Conservation futures tax levy funds appropriated for O&
M or interests in real property shall not supplant or replace any existing funding for maintenance and
operation of parks and recreational lands.
Applicant Eligibility
Eligible applicants include the County,municipalities,Park Districts, State or federal agencies,
private non-profit corporations or associations,and private individuals.
Sponsor Eligibility
All applicants must have a local sponsor.Eligible sponsors include the County,municipalities,Park
Districts,or private non-profit corporations based in Jefferson County.
Eligible Operations&Maintenance Expenditures—Please note:(with acquisition request or standalone for
past projects)—Please note:Total O&M awards are limited to 15%of the revenue to the Conservation Futures Fund in the
previous year.
Operations&Maintenance expenditures or match may include,but are not limited to:
_Cultural resources review(survey,excavation,on-site monitoring and data recovery)
_Demolition
Fencing(if needed for public safety or resource protection)
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_Noxious weed control
_Signage
—Special site-specific reports(e.g.stewardship reports)
Wetland identification and/or delineation
Application and Attachment Requirements for O&MProjects
All requested materials must accompany the application upon submission.If an item is irrelevant to
the project at hand,please explain why this is so.
Narrative description of how the requested funds will support specific O&M activities;
what problems or stewardship needs will be addressed by the project;how the proposed
O&M activities will help implement the current Stewardship Plan for the site;probable
phasing of project activities;and other information that will help describe the need for
and scope of the project.
Simple budget describing how requested funds will be used and the source of matching
funds.
Site Location Map: On a Jefferson County base map,or on a map of the sponsoring
agency's jurisdictional boundaries,clearly identify the location of the proposed activities.
Project Boundary Map:On a Quarter-section map or other map of sufficiently large scale,
identify the boundaries of the proposed project.
Color Images:Provide images of portions of the property proposed for O&M activities.
Please include captions,if available.
Plan,map,or aerial photo of the project site showing proposed areas of maintenance or
improvements, if applicable.
Copy of minutes or resolution documenting official action of project sponsor to submit
application for project funding. If more than one project is submitted from the same
sponsor,the minutes or resolution should indicate the project priority and how it was
determined.
Documentation of Match
A match contribution that equals the percentage of the project promised in the project application(no
less than 50%)must be documented with each invoice.Match guidelines are identical for acquisition
and O&M proposals. In-kind labor cannot be used as match.An expenditure summary that provides
the following information must accompany billing:
1)Date the payment was made.
2)The vendor and/or employee to whom the payment was made.
3)A description of what was purchased or what work and/or services were performed;provide a
description of what service or work was performed for the payroll costs or by the sub-
contractor.
Reporting
Any project sponsor receiving O&M funds is required to submit a report each December until those
funds are expended.
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Application and Attachment Requirements for O&M Projects
To apply for O&M funding for a project previously purchased using CF Funds,use the standard
application form. In question#1,refer to the original project title and year that the project was
approved followed by"O&M Request Only". If you feel that a question is irrelevant to the project at
hand,please answer"N/A".
Required Site Visit
Project sponsors are asked to host the CFF Committee on project site visit(s)and,beforehand,to obtain
written permission from the landowner for a county employee to take photographs and make an
unrestricted video recording of the project area.These materials are used to inform any 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 CFF Committee will meet to hear project
presentations.The sponsor should attend the meeting in person,if possible,and make a presentation that
begins with an introductory project description and ideally is organized according to the sequence of
questions listed on the Score Sheet.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 311 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
Five years after the final requisite annual report is submitted, sponsors should provide an update on their
stewardship and monitoring of the project. At any time subsequent to this,the CFFC or program staff
may also inquire as to project status.
Project Changes
Project sponsors are expected to implement funded projects as described in their application to the CFF.
However,occasional changes may be necessary.This section describes the process by which a project
sponsor can initiate a request for change.A change occurs whenever the language contained in the
application to the Conservation Futures Fund no longer accurately or fully describes the project.
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A proposed project change,such as a cost increase,parcel substitution or removal,or change in funding
category(acquisition or O&M)or match ratio,typically requires that the CFF Committee first develop a
recommendation for the BoCC to consider.
The CFF Committee prefers that project change requests be presented as follows:
1. Send a"letter",addressed to the CF Committee and Board of County Commissioners,in an
email to the program coordinator describing the desired change(s)and need for it/them in as
much detail as possible.Also,characterize the level of urgency for addressing the possible
change. If at all possible,provide this information at least two weeks ahead of the next
scheduled full committee meeting for possible inclusion on the draft agenda.
2. Reflect the proposed change in a Microsoft Word version of the original conservation futures
application,and the County/Sponsor resolution or agreement(as applicable),using Track
Changes.Label new attachments with the current date.Attach the document(s)to the email
described above.
3. When the change request is included on an agenda,the sponsor should make every effort to
attend that meeting in person or by phone/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 CFF
Committee review and recommendation to the BoCC:
a. Parcel substitution or removal
b. Increase in funding amount
c. Reduction in percentage match
d. Loss of conservation value
e. Change in funding category(acquisition and/or O&M)
The CFF Committee shall:
1. Review the request for change and ask questions of the project sponsor,as needed.
2. Engage in discussion about the proposed change.
3. Formulate and vote,consistent with the bylaws,on a motion to accomplish one or more of the
following:
a. Draft a statement to recommend the change for approval by the BoCC in its current
form
b. Ask the project sponsor to revise and resubmit the change request for a future meeting
c. Reject the change and submit a statement to the BoCC to accompany the request
Staff shall:
1. Work with the project sponsor and CFF Committee chair to refine or clarify the change
request ahead of its presentation at the next CFF Committee meeting,as needed.
2. Forward the change request and CFF Committee recommendations to the BoCC for final
determination at a regularly scheduled meeting.
3. Work with the CFF Committee,and subcommittee(s)as applicable,to learn from the
change and determine if related updates to program materials are needed.
Program Suggestions
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Suggestions for program improvements are always welcome and may be provided to the CFF Committee
by letter or email via the program coordinator at the contact information on page 3.Every CFF
Committee meeting also includes two public comment periods.Meeting agendas are posted on the
program website.
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Appendix A
GRANT AGREEMENT TEMPLATES (INFORMATIONAL ONLY)
Fee Simple Acquisitions:
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: [SPONSOR(UBI Number:xxx xxx xxx)]
Project Title: [PROJECT]
Contract Number: [xxxxxxx]
Approval: [Resolution No.]
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement (this Agreement) is entered into
between Jefferson County (County), PO Box 1220, Port Townsend, Washington 98368 and [NAME] (Sponsor),
[ADDRESS].
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County
Conservation Futures Fund, Chapter 3.08 of the Jefferson County Code (JCC), as approved by Resolution No.
[NUMBER].
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
[SPONSOR] shall implement a Conservation Futures Program project to acquire in fee simple title[NUMBER]via
a statutory warranty deed of the parcels of land known in the records of the Jefferson County Assessor as APN#(s)
[NUMBERS](the Property),and as described in the[YEAR]Conservation Futures project application for[NAME]
(Exhibit B) and [YEAR] Conservation Futures Program Manual (Exhibit C), and as authorized by Resolution
[NUMBER] (Exhibit D). The statutory warranty deed shall prevent subdivision while allowing for native forest
management and habitat protections, or as described in the project application. Language must be included in the
statutory warranty deed to protect the County's interests and conservation values, including, at a minimum, the
following:
Grantee's costs of acquiring the Property were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of the statutory warranty deed, and to
obtain the consent of Jefferson County prior to any conveyance of any interest acquired hereby.
Consistent with JCC 3.08.030(9), the Property shall not be converted to a different use unless
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and only if other equivalent lands or interest in lands within Jefferson County are received by
Grantee in exchange.
6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on February 15, 2021 and end on February
15,2024 unless proof of match is provided prior to this date.Work performed consistent with this Agreement during
its term, but prior to the adoption of this Agreement,is hereby ratified.
7. Annual Reporting Required.
Annual reporting by the Sponsor to the County is required every year on or before December 3 1"until three years
after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed $69,500. The
Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of the
Project. The Sponsor shall be responsible for no less than sixty-three(63%)percent of the total Project cost and all
Project costs in excess of$187,838.The contribution by the Sponsor toward work on the Project shall be as indicated
below. The contribution by the Conservation Futures Fund toward work on the Project is described immediately
above and in"C"above.
Acquisition O& M Totals % Match
[PROJECT $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
NAME]—
Conservation
Futures
Estimated Project $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Sponsor
Contribution
Estimated Total $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Project Cost
9. Unexpended Project Allocations
Should unexpected Project allocations, including(but not limited to)project completion at less than the estimated
cost or (alternatively) the abandonment of the Project occur, then the Sponsor shall notify the County within 30
days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments. Except
as provided in this Agreement, no alteration of any of the terms or conditions of this Agreement shall be effective
unless provided in writing.All such alterations,except those concerning the period of performance,must be signed
by both parties. Period of performance extensions need only be signed by Jefferson Board of County
Commissioners.
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11. Indemnification
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.
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a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Contractor's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired
automobiles; and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)
times the occurrence amount($2,000,000.00 minimum)for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
i. Broad Form Property Damage,with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for products
and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
C. Professional Liability Insurance. The Contractor shall maintain professional liability
insurance against legal liability arising out of activity related to the performance of this
Agreement, on a form acceptable to Jefferson County Risk Management in the amounts
of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional
liability insurance policy should be on an "occurrence"form. If the professional liability
policy is"claims made,"then an extended reporting periods coverage(tail coverage)
shall be purchased for three(3)years after the end of this Agreement,at the Contractor's
sole expense. The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three(3)years.
d. The County shall be named as an"additional named insured"under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b)Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of insurance
that,at a minimum, shall include: (a)The limits of coverage; (b)The project name to
which it applies; (c) The certificate holder as Jefferson County, Washington and its
elected officials, officers,and employees with the address of Jefferson County Public
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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.
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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.
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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.
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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 attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,subject
to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs, including attorney's
fees.
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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:
tensor 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 ofthe parties.No other understandings,
oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
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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.
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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 party's control and without fault or negligence of such party, including but not limited to; (a)
acts of God; (b) terrorism or other acts of a public enemy; (c) war; or, (d) epidemics, pandemics or quarantine
restrictions.
40. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this Agreement.
41. Representations and Warranties
The parties represent and warrant that: (a)Each person signing this Agreement is fully authorized to enter into this
Agreement on behalf of the party for whom signature is being made;(b)Each party that is a corporate entity is duly
organized and validly existing in good standing under the laws of one of the states of the United States of America;
(c)The making and performance of this Agreement will not violate any provision of law or of any party's articles
of incorporation, charter, or by-laws; (d)Each corporate party has taken all necessary corporate and internal legal
actions to duly approve the making and performance of this Agreement and that no further corporate or other internal
approval is necessary; and, (e) Each party has read this Agreement in its entirety and know the contents of this
Agreement,that the terms of this Agreement are contractual and not merely recitals,and that they have signed this
Agreement,having obtained the advice of legal counsel.
DATED this day of ,20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON [SPONSOR]
Board of County Commissioners
Jefferson County, Washington
By:
By: Signature
Heidi Eisenhour, Chair Date
Name:
By:
Greg Brotherton, Commissioner Date Title:
Date:
By:
Kate Dean,Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Scope of Work
[SPONSOR], as project sponsor"Sponsor", will perform the following tasks in order to implement the
[PROJECT]:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than [xx percent (xx%)] of the total project
cost.The match must be in an eligible form consistent with JCC 3.08.030(5).
Deliverable 1a: Matching contribution(s)of no less than [xx%] of the total project cost.
Task 2: Acquire Statutory Warranty Deed
Sponsor shall acquire a statutory warranty deed grant deed on the Property that incorporates approved Conservation
Futures Program language, including the language in item"C"of this Agreement.
Deliverable 2a: Final draft statutory warranty deed.
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1).
Deliverable 2c: Recorded statutory warranty deed for subject parcels.
Deliverable 2d: Recorded statutory warranty deed(s)for match parcel(s),as applicable.
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship.
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item "D" of this Agreement and submit required
reports to the Conservation Futures Citizen Oversight Committee (through staff) in the format provided for each
year that it is required.
Deliverable 4a: Completed annual reports.
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Exhibit A
Final Draft Statutory Warranty Deeds
Exhibit B
[202x] Conservation Futures [PROJECT]
Exhibit C
[202x] Conservation Futures Program Manual
Exhibit D
Resolution No. [NUMBER]
End Fee Simple Informational Template
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Conservation Easement Template:
JEFFERSON COUNTY CONSERVATION FUTURES PROGRAM
PROJECT GRANT AGREEMENT
Project Sponsor: [NAME&UBI NUMBER]
Project Title: [NAME]
Contract Number: [xxxx]
Approval: Resolution No. [NUMBER]
1. Parties to this Agreement
This Jefferson County Conservation Futures Program Project Grant Agreement(this Agreement)is entered into
between Jefferson County(County),PO Box 1220,Port Townsend, Washington 98368 and[NAME](Sponsor),
[ADDRESS].
2. Purpose of this Agreement
This Agreement sets out the terms and conditions by which a grant is made through the Jefferson County
Conservation Futures Fund,Chapter 3.08 of the Jefferson County Code(JCC),as approved by Resolution No.
[NUMBER].
3. Grant Administration
The grant is administered by Jefferson County Public Health Department on behalf of the project Sponsor.
4. Description of Project
The subject project is described in the Scope of Work(Appendix A).
5. Project Requirements
Jefferson Land Trust shall implement a Conservation Futures Program project to acquire a grant deed of
conservation easement(Exhibit A)for the 28-acre property known in the records of the Jefferson County
Assessor as APN#(s)[NUMBERS] and as described in the[DATE]Conservation Futures project application for
the[NAME]Project(Exhibit B)and[DATE] Conservation Futures Program Manual(Exhibit C),and as
authorized by Resolution No. [NUMBER] (Exhibit D). The grant deed of conservation easement shall prevent
subdivision while allowing for forest management and habitat protections.Language must be included in the deed
of conservation easement to protect the County's interests and conservation values,including,at a minimum,the
following:
Grantee's costs of acquiring this Easement were provided in part by grant funding from the
Jefferson County Conservation Futures property tax authorized by Washington law. Grantee
hereby agrees to be bound by Jefferson County Code (JCC) 3.08.030(9), the uses authorized
under RCW 84.34.230, including the obligation to ensure the long-term conservation of the
Property in accordance with the terms and conditions of this Easement, and to obtain the consent
of Jefferson County prior to any conveyance of any interest acquired hereby. Consistent with JCC
3.08.030(9). this Easement shall not be converted to a different use unless and only if other
equivalent lands or interest in lands within Jefferson County are received by Grantee in
exchange.
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6. Period of Performance
The Project reimbursement period for acquisition expenses shall begin on[DATE] and end on[DATE],unless
proof of match is provided prior to this date.Work performed consistent with this Agreement during its term,but
prior to the adoption of this Agreement, is hereby ratified.
7. Annual Reporting Required
Annual reporting by the Sponsor to the County is required every year on or before December 3 1'until three years
after the acquisition funds are dispersed.
8. Project Funding
The total grant award provided by the Conservation Futures Fund for the Project shall not exceed$[AMOUNT].
The Conservation Futures Fund shall not pay any amount beyond that approved in this Agreement for funding of
the Project.The Sponsor shall be responsible for no less than[AMOUNT]([AMOUNT]%)percent of the total
Project cost and all Project costs in excess of$[AMOUNT].The contribution by the Sponsor toward work on the
Project shall be as indicated below.The contribution by the Conservation Futures Fund toward work on the
Project is described immediately above and in"C"above.
Acquisition O& M Totals % Match
[PROJECT $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
NAME]—
Conservation
Futures
Estimated Project $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Sponsor
Contribution
Estimated Total $[AMOUNT] $[AMOUNT] $[AMOUNT] %[AMOUNT]
Project Cost
9. Unexpended Project Allocations
Should unexpected Project allocations,including(but not limited to)project completion at less than the estimated
cost or(alternatively)the abandonment of the Project occur,then the Sponsor shall notify the County within 30
days.
10. Modification of this Agreement
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments.
Except as provided in this Agreement,no alteration of any of the terms or conditions of this Agreement shall be
effective unless provided in writing.All such alterations,except those concerning the period of performance,must
be signed by both parties.Period of performance extensions need only be signed by Jefferson Board of County
Commissioners.
11. Indemnification
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,
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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.
a. Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
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Contractor's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired
automobiles;and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)times
the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope of the protection provided and
include the following minimum coverage:
i. Broad Form Property Damage,with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability—including coverage for products
and completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
C. Professional Liability Insurance. The Contractor shall maintain professional liability
insurance against legal liability arising out of activity related to the performance of this
Agreement,on a form acceptable to Jefferson County Risk Management in the amounts of
not less than$1,000,000 Each Claim and$2,000,000 Aggregate. The professional liability
insurance policy should be on an"occurrence"form. If the professional liability policy is
"claims made," then an extended reporting periods coverage (tail coverage) shall be
purchased for three (3) years after the end of this Agreement, at the Contractor's sole
expense. The Contractor agrees the Contractor's insurance obligation to provide
professional liability insurance shall survive the completion or termination -of this
Agreement for a minimum period of three(3)years.
d. The County shall be named as an "additional named insured" under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance;or,(b)Self-insurance through an irrevocable Letter of Credit from
a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of coverage; (b) The project name to
which it applies;(c) The certificate holder as Jefferson County,Washington and its elected
officials, officers, and employees with the address of Jefferson County Public Health 615
Sheridan Street,Port Townsend,WA 98368,and,(d)A statement that the insurance policy
shall not be canceled or allowed to expire except on thirty(30)days prior written notice to
the County. If the proof of insurance or certificate indicating the County is an"additional
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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.
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.
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p. The Contractor's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers,officials,employees, and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers,officials,employees, or agents.
r. The Contractor's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
S. The Contractor shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this Agreement are
not intended to be an indication of exposure nor are they limitations on indemnification.
U. The Contractor shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates,insurance policies,and endorsements
expiring before completion of services shall be promptly replaced. All the insurance
policies required by this Agreement shall provide that thirty(30)days prior to cancellation,
suspension,reduction or material change in the policy,notice of same shall be given to the
Jefferson County Public Health Contracts Manager by registered mail, return receipt
requested.
V. The Contractor shall place insurance with insurers licensed to do business in the State of
Washington and having A.M.Best Company ratings of no less than A-,with the exception
that excess and umbrella coverage used to meet the requirements for limits of liability or
gaps in coverage need not be placed with insurers or re-insurers licensed in the State of
Washington.
W. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
13. Workers Compensation(Industrial Insurance)
a. If and only if the Contractor employs any person(s)in the status of employee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Contractor, the Contractor shall maintain workers compensation
insurance at its own expense,as required by Title 51 RCW,for the term of this Agreement
and shall provide evidence of coverage to Jefferson County Public Health, upon request.
b. Workers compensation insurance covering all employees with limits meeting all applicable
state and federal laws.This coverage shall include Employer's Liability with limits meeting
all applicable state and federal laws.
C. This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
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d. The Contractor expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction that would otherwise be applicable in
the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection,all cost and fees
shall be recoverable from the Contractor.
14. Independent Contractor
The Sponsor is an independent contractor with respect to the services provided pursuant to this Agreement.The
Sponsor is not as an agent,an employee or a servant of the County. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties.The Sponsor specifically has
the right to direct and control Contractor's own activities and over all of its subcontractors,employees,agents and
representatives in providing the agreed services in accordance with the specifications set out in this Agreement.
Neither Sponsor nor any employee of Sponsor shall be entitled to any benefits accorded County employees by
virtue of the services provided under this Agreement.The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state industrial insurance
program,otherwise assuming the duties of an employer with respect to Sponsor,or any employee of Sponsor.
The Sponsor agrees to file all necessary governmental documents,including appropriate tax returns,reflecting
income status as an independent contractor for services rendered to the County under this Agreement.
15. No Assignment
The Sponsor shall not sublet or assign any of the services covered by this Agreement without the express written
consent of the County or its authorized representative.Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
16. Ownership and Use of Documents
All documents,drawings,specifications and other materials produced by the Sponsor in connection with the
services rendered under this Agreement shall be the property of the Sponsor whether the project for which they
are made is executed or not. The County shall be permitted to retain copies, including reproducible copies,of
drawings and specifications for information,reference,and use in connection with the Sponsor's endeavors.
17. Compliance with Applicable Statutes,Rules,and Jefferson County Policies
This Agreement is governed by,and the Sponsor shall comply with,all applicable state and federal laws and
regulations,including RCW 84.34.210,and published agency policies,which are incorporated into this
Agreement by this reference as if fully set forth.
18. No Harassment of Discrimination
Any form of harassment,discrimination,or improper fraternization with any County employee is strictly
prohibited.The Sponsor shall not discriminate on the grounds of race,color,national origin,religion,creed,age,
sex,sexual orientation,or the presence of any physical or sensory disability in the selection and retention of
employees or procurement of materials or supplies.
19. Sponsor's Accounting Books and Records
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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 parry's request for a dispute hearing must be in writing and clearly state:
a. the disputed issue(s);
b. the relative positions of the parties;and,
C. the Sponsor's name,address and agency contact number.
Requests for dispute hearings must be mailed to the Project Manager,Jefferson County Environmental Public
Health Department,615 Sheridan St.,Port Townsend,WA 98368,within fifteen(15)days after either party
received notice of the disputed issue(s).The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal.The parties shall split evenly the cost of mediation or whatever form of dispute
resolution is used. The parties shall bear their own costs and attorney's fees in any dispute.
The venue for any legal action shall be solely in the appropriate state court in Jefferson County,Washington,
subject to the venue provisions for actions against counties in RCW 36.01.050.
Each party to this Agreement shall be responsible for their own dispute and litigation costs,including attorney's
fees.
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.
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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
[NAME] Tami Pokorny
Jefferson County Environmental Public
[ADDRESS] 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.
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.
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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.
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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 party's control and without fault or negligence of such party,
including but not limited to; (a)acts of God; (b)terrorism or other acts of a public enemy; (c)war; or,
(d)epidemics,pandemics or quarantine restrictions.
40. Attachments
Any attachment to this Agreement is part of this Agreement and is incorporated by reference into this
Agreement.
41. Representations and Warranties
The parties represent and warrant that: (a)Each person signing this Agreement is fully authorized to
enter into this Agreement on behalf of the party for whom signature is being made; (b)Each party that is
a corporate entity is duly organized and validly existing in good standing under the laws of one of the
states of the United States of America; (c)The making and performance of this Agreement will not
violate any provision of law or of any party's articles of incorporation,charter,or by-laws; (d)Each
corporate party has taken all necessary corporate and internal legal actions to duly approve the making
and performance of this Agreement and that no further corporate or other internal approval is necessary;
and, (e)Each party has read this Agreement in its entirety and know the contents of this Agreement,that
the terms of this Agreement are contractual and not merely recitals,and that they have signed this
Agreement,having obtained the advice of legal counsel.
DATED this day of ,20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON [NAME]
Board of County Commissioners
Jefferson County, Washington
By:
By: Signature
Heidi Eisenhour Date
Name:
By:
Greg Brotherton, Commissioner Date Title:
Date:
By:
Kate Dean, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Scope of Work
[NAME], as project sponsor"Sponsor,"shall perform the following tasks in order to implement the
[NAME] Project:
Task 1: Acquire Matching Contribution
Sponsor shall secure the necessary matching contribution of no less than seventy-nice percent
([AMOUNT]%)of the total project cost. The match must be in an eligible form consistent with JCC
3.08.030(5).
Deliverable la: Matching contribution(s)of no less than [AMOUNT]%of the total project cost.
Task 2: Acquire Grant Deed of Conservation Easement
Sponsor shall acquire a grant deed of conservation easement on the subject property,APN#(s) [APN
NUMBERS] that incorporates approved Conservation Futures Program language, including the
language in item"C"of this Agreement.
Deliverable 2a: Final draft grant deed of conservation easement
Deliverable 2b: Qualifying appraisal and estimated settlement statement(HUD-1)
Deliverable 2c: Recorded grant of conservation easement deed
Task 3: Stewardship Plan
Sponsor shall provide a plan for stewardship
Deliverable 3a: Electronic copy of stewardship plan
Task 4: Annual Reporting
Sponsor shall monitor and report on the property as described in item"D"of this Agreement and submit
required reports to the Conservation Futures Citizen Oversight Committee(through staff) in the format
provided for each year that it is required.
Deliverable 4a: Completed annual reports.
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2023 CF Program Manual FINAL
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Exhibit A
Grant Deed of Conservation Easement
Exhibit B
202x Conservation Futures [PROJECT] Application
Exhibit C
202x Conservation Futures Program Manual
Exhibit D
Resolution No. [NUMBER]
End Conservation Easement Informational Template
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Appendix B
APPROVED PROJECTS MAP
_ f r Om-nervation Futures
leffcrwn Covnty.Wi%hineton
yam\
'- —_ - dZ
• ��, �,...f _ =r'a- ..
M _ C lows
:.•t. 1 � � •y.�.'�t. —' i• r_�a-� Jam) \
J•
-•J
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2023 CF Program Manual FINAL
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ANNUAL REPORT FORM TEMPLATE
Jefferson County Conservation Futures Program
Annual Project Reporting Form TEMPLATE
Project Name:
Project Objectives:
Parcel Number(s):
Total Acreage:
Month and year that CF funding was awarded:
Amount of CF award:
❑ Easement
Title:
Grantor:
Grantee:
Date of Acquisition:
Purchase price:
❑ Fee Simple
Seller:
Date of Acquisition:
Purchase price:
Entity responsible for stewardship:
Plans or agreements pertaining to this acquisition:
O&M funds received since acquisition(list by year):
Existing and on-going activities and projects(for each O& M activity that has occurred since October 1 of the
previous year,please provide supporting documentation):
New events, activities,projects(for each O&M activity that has occurred since October 1 of the previous year,
please provide supporting documentation):
Needs and challenges:
General progress towards project's objectives:
Completed by:
Title:
Organization:
Signature Date
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Appendix C
DEFINITIONS
"Conservation futures citizen oversight committee"means the Jefferson County conservation futures citizen
oversight committee established under this chapter.
"Conservation futures fund"means the Jefferson County conservation futures fund established under this chapter.
"Conservation futures tax levy"means that Jefferson County tax levy upon all taxable property in Jefferson
County authorized by RCW 84.34.230.
"County"means Jefferson County and/or its conservation futures citizen oversight committee.
"Cultural resources"means archeological and historic sites and artifacts,and traditional religious ceremonial and
social uses and activities of affected Indian Tribes and mandatory protections of resources under chapters 27.44
and 27.53 RCW."Open space land"means the fee simple or any lesser interest or development right with respect
to real property including,but not limited to,conservation futures,easements,covenants or other contractual
rights necessary to protect,preserve,maintain,improve,restore,limit the future use of or conserve selected open
space land,farm and agricultural land and timber land(as those terms are defined in Chapter 84.34 RCW).
"Project"means open space land,or any lesser interest or development right in specific real property,to which
Jefferson County conservation futures tax levy funds are allocated for acquisition under the procedure outlined
under this chapter. [Ord. 1-14 § 1; Ord.6-02 § I] '
"Silviculture"means the practice of controlling the establishment,growth,composition, health, and quality of
forests for the production of forest products.
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Appendix D
DRAFT 2023 PROGRAM CALENDAR
v. 11 30 2022
TU October 4, 2022 4pm-6pm Online—Agenda: Review Program and Materials Recommendations for
2022
TU November 8, 2022 4pm-6pm Hybrid -JCPH Pacific Room—Agenda: Finalize Program Materials
MO December 19, 2022 1:30 pm (tentative)—Presentation of Recommended Program Changes to
BoCC
Early January—Distribute RFP
FR March 24, 2023 by midnight—Project applications due to staff from applicants (email only)
TU March 28, 2023 9am-5pm—Site Visits (alternatively by video)
TU April 4, 2023 2pm-5pm (new timeframe—shorter if fewer projects)—Project Presentations Meeting
—Hybrid -JCPH Pacific Room
MO April 10, 2023 Deadline for additional questions for applicants (through staff)
FR April 14, 2023 Deadline for applicants to respond to questions (through staff)
FR April 21, 2023 (somewhat flexible deadline) Provide scores to staff
TU April 25, 2023 2pm-5pm (shorter if fewer projects)—Score, Rank and Recommend Meeting—
Hybrid -JCPH Pacific Room, Port Townsend
May/June—Public Hearing and Presentation of Recommendations to BoCC
September/October—Review Funding Round Subcommittee Meeting
September/October—Meeting to finalize changes for 2023 funding round
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Exhibit D
Resolution No. 01-24
Lower Chimacum Creek Mainstem Acquisitions 16
STATE OF WASHINGTON
County of Jefferson
Dedication of Conservation Futures Funds to the }
Lower Chimacum Creek Mainstem Acquisitions }
Project as Authorized by and in Accordance with }
Jefferson County Code Section 3.08.030(7)to } RESOLUTION NO. t_2 4
Provide a System of Public Open Spaces }
WHEREAS, conservation futures tax levy collections, authorized under RCW
84.34.230, are an important means of retaining community character and accomplishing the open space
policies and objectives of the Jefferson County Comprehensive Plan that encourage the coordinated
acquisition of key open space lands for long-term protection; and
WHEREAS, Jefferson County is authorized by RCW 84.34.210 and 84.34.220 to
acquire open space land, agricultural and timber lands as defined in RCW 84.34.220; and
WHEREAS, the Conservation Futures Fund Citizen Oversight Committee has reviewed
project applications for 2023 and made its funding recommendations to the Board of County
Commissioners in accordance with Jefferson County Code Chapter 3.08; and
WHEREAS, under the provisions of the Jefferson County Conservation Futures
Program, Jefferson Land Trust, as project sponsor, requests funding towards the acquisition of four
parcels of land in fee or, in the case of the latter two parcels, as a conservation easement. The
properties are located in S34 T30N R1 W with Assessor's Parcel Numbers 961805605, 961805606,
001344004 and 961806102; and
WHEREAS, the County retains enough developable land to accommodate the Lower
Chimacum Creek Mainstem Acquisitions project as well as the housing and employment growth that it
is expected to receive, thus satisfying the requirements of Chapter 449, Laws of 2005; and
WHEREAS, Jefferson County considers it in the best public interest to contribute
financially to this open space project.
NOW, THEREFORE BE IT RESOLVED that:
1. Jefferson County hereby dedicates up to $47,000 in conservation futures funds in the
2023 funding cycle for acquisition expenses contingent on a matching contribution of at
least seventy-six percent (76%)of the total project cost.
2. Jefferson County hereby dedicates up to $5,000 in conservation futures funds to
reimburse for operations and maintenance expenses incurred within ten years of the
i Resolution No. re: Dedication of Conservation Futures Funds to the Lower Chimacum Creek
Mainstem Acquisitions project
I
signing of this resolution contingent upon a matching contribution of seventy-six
i percent (76%) of the total project cost.
3. This dedication of funding may be nullified if a submittal for reimbursement,
accompanied by documentation of matching funds sufficient to complete the
acquisition, is not received from the sponsor within three years of the signing of this
resolution.
APPROVED AND ADOPTED this.2"_+day of r hP1 Ut, , 2024 in Port Townsend, Washington.
SEAL: ��FFERSp ; WO JEFFERSON COUNTY
.� 0 iS'••.Q' s
•Go s,• . p s B RD OF COMMISSIONERS
•'• ei i�riisento eirk-e�
ATTEST: �'o�`;••.........
.,4SHiNG
eg rotherton, Member
�X
Carolyn allaway CMC
Clerk of the Board ate Dean, C i r
I
Regular Agenda
C '\ 615 Sheridan Street
Port Townsend, WA 98368
(iX" wwwJeftersonCountyPublicHealth.org
Public Health
HEARING FORM
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
I�
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley,County Administrator
FROM: Pinky Mingo, Environmental Public Health and Water Quality
Director
Tami Pokorny,Natural Resources Program Coordinator
DATE: January 2,2024
SUBJECT: Agenda Request: Public Hearing and Possible Decision
Regarding Applications for Conservation Futures Funding in
2023
STATEMENT OF ISSUE:
On December 4', 2023,the BoCC approved a Public Hearing Notice to hold a public hearing on the
Conservation Futures Fund Program project applications received in 2023 on January 2"d, 2024 at 10:1 5
a.m.The notice was published in the Port Townsend&Jefferson County Leader on December 20`h and
December 27',2023.The Conservation Futures Fund Program(JCC 3.08)requires a duly noticed public
hearing to be held as part of the public process of allocating conservation futures funding to worthy
projects that protect public open spaces. After the hearing, the BoCC may decide which project(s)to fund
by passing resolution(s)to include a factual finding as to whether each project would reduce the county's
capacity to accommodate growth.
ANALYSIS/STRATEGIC GOALS:
The three applications to the Conservation Futures Fund in 2023 were:
1. Lower Chimacum Creek Mainstem Acquisitions, $47,00 towards fee simple acquisition of two parcels
and a conservation easement,or combination of conservation easement and fee simple, acquisition of two
additional parcels,all totaling 3.14 acres.The properties are located in the Chimacum Creek watershed in
the lrondale neighborhood of Port Hadlock. Open space protections will support improvements to fish
and wildlife habitat, landslide risk reduction,and recreational use.The application also requests$5,000
towards reimbursement of operations and maintenance costs.The proposed match is a$165,750 grant
from the Salmon Recovery Funding Board.The project applicant and sponsor is Jefferson Land Trust,
Project locations: S34 T30N RI W.
Enviionmentul Health
Water Quality
360-385-9444
Always working for a safer and healthier community (t) 360-379-4487
2. North Barry Snow Creek, $69,000 towards the fees simple acquisition of two parcels totaling 20.45
acres in the Snow Creek watershed south of Discovery Bay. The properties will support improvements to
Strait of Juan De Fuca Summer Chum salmon and winter steelhead habitat, reduce sediment inputs,and
improve water quality. The application also requests$5,000 towards reimbursement of operations and
maintenance costs.The proposed match is a$85,000 grant from the Salmon Recovery Funding Board.
The project applicant and sponsor is Jefferson Land Trust, Project locations: S35 T29N R2W.
3. Schmidt Farm, $55,000 towards the acquisition of a conservation easement on two parcels totaling 67
acres in the Jakeway Creek watershed north of Quilcene Bay. Open space protections will support
continued agricultural activities and sustain an existing treed corridor for Jakeway Creek. The application
also requests$5,000 towards reimbursement of operations and maintenance costs.The proposed match is
$514,600 in grants from the State Farmland Preservation and Navy's Readiness and Environmental
Protection Integration (RE PI)programs.The project applicant and sponsor is Jefferson Land Trust,
Project locations: S 18 T27N R I W.
At its April 25`h meeting, the Conservation Futures Fund Citizen Oversight Committee(CFFCOC)voted
all in favor that the projects are worthy of funding. It also voted unanimously to recommend full funding
I for each project including the operations and maintenance requests.The amount of funds available is
$230,000 and the total request for funding is$186,000.
This briefing packet contains:
• Draft funding resolutions consistent with the recommendations of the CFFCOC
• CFFCOC recommendations memo that was presented to the BoCC on May 31,2023 by
then Committee Chair Cameron Jones.
• Final summary of the April 25"CFFCOC meeting
• Analysis from Joel Peterson,Jefferson County Department of Community Development
• Map of conservation futures projects 2003-2022
• Three conservation futures project applications and the relevant sponsor information.
The purpose of the CF Program is to address the"general and increasing need to provide a system of
public open spaces...for the health,welfare, benefit and safety of the residents of Jefferson County,"and
to maintain"Jefferson County as a desirable place to live, visit and locate businesses."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. The goal of the program is to preserve and protect the county's open space
resources from development, and from being"negatively and permanently affected."
On January 3, 2006,the BOCC approved Ordinance No. 01-0103-06 in response to Chapter 449 of that
year which allowed up to 15% of the conservation future levy monies raised in the preceding year to be
used for operations and maintenance needs. Fifteen percent of the revenue collected in 2022($282,836) is
$42,425. The total request for operations and maintenance funding in 2023 is$15,000. Chapter 449 also
states that local governments must consider and develop findings on whether or not new projects would
reduce the County's capacity to accommodate planned growth.
Grant agreements for approved projects between Jefferson Land Trust and the County will be developed
by Environmental Public Health and submitted to the BoCC for approval.
FISCAL IMPACT:
The explicit purpose of the Conservation Futures Program is to fund acquisition projects to support a
system of public open spaces. There is no impact to the Generai Fund for this effort.
The following projects are anticipated to close in 2024:
Always working for a safer and healthier community
Quimper Trust land Transfer: $205,000
Dosewallips River Lary C: $7,649
Pending approval,two of the Lower Chimacum Creek Mainstem Acquisitions parcels
Pending approval,North Barry Snow Creek
Pending approval, Schmidt Farm
RECOMMENDATION:
1) Review the three project proposals brought forth by the CIF Committee.
2) Hold a public hearing on January 2nd, 2024 at 10:15 a.m.Consider the written and oral testimony at
the public hearing and adopt any of the enclosed funding resolutions(with or without revisions)for
project proposals and funding amounts that the Commissioners may wish to approve.
REVIEWED BY:
1,2 ,� 3
Mark McCaule , ounty Administrator Dat
Always working for a safer and healthier community