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HomeMy WebLinkAboutWashington Coast Sustainable Salmon Foundation (WCSSF) License for Use - 051126 1Po o ',D 677382 PGS : 9 LIC 05113/2026 12:56 PM $311.50 JEFFERSON COUNTY PUBLIC WORKS Jefferson County WA Auditor's Office - Brenda Huntingford, Auditor I per I�l4 h l�h+.Wallin VOW l ik 11111 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend,WA 98368 Document Title: License for Use of County Property Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Washington Coast Sustainable Salmon Foundation, a Washington nonprofit Corporation Abbreviated Legal Description: Ptn. of NW Qtr S22 T27N R12W W.M. Assessor's Tax Parcel ID Number: 000-000-250; 712-220-000 RECITALS WHEREAS,Jefferson County(the "County")is a political subdivision of the State of Washington and holds right-of-way interests in and to Upper Hoh Road for public road purposes; and WHEREAS,the Washington Coast Sustainable Salmon Foundation(WCSSF)D/B/A Coast Salmon Partnership, a regional salmon recovery organization, in collaboration with Trout Unlimited and the Hoh Tribe,has recently completed a fish passage restoration project at the tributary to Hell Roaring Creek(historically and locally referred to as lildticayachal or Little Hell Roaring Creek);and WHEREAS,WCSSF desires to install and maintain an educational sign within the County's right-of-way at or near Mile Post 1.24 of Upper Hoh Road, situated within the NW Qtr of Section 22, Township 27 North, Range 12 West, W.M., for the purpose of informing the public regarding salmon habitat restoration and the'Strong Salmon Future'campaign; and WHEREAS,the proposed location of the sign is adjacent to real property managed by the Washington State Department of Natural Resources (WA DNR); and WHEREAS,the County finds that the installation of such educational signage serves a public interest by fostering community awareness of local natural resources and collaborative restoration efforts,provided such installation does not interfere with the safe operation and maintenance of the county road system1. Page 1 of 9 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend,WA 98368 Document Title: License for Use of County Property Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Washington Coast Sustainable Salmon Foundation,a Washington nonprofit Corporation Abbreviated Legal Description: Ptn. of NW Qtr S22 T27N R12W W.M. Assessor's Tax Parcel ID Number: 000-000-250; 712-220-000 RECITALS WHEREAS, Jefferson County(the "County") is a political subdivision of the State of Washington and holds right-of-way interests in and to Upper Hoh Road for public road purposes; and WHEREAS,the Washington Coast Sustainable Salmon Foundation(WCSSF)D/B/A Coast Salmon Partnership, a regional salmon recovery organization, in collaboration with Trout Unlimited and the Hoh Tribe,has recently completed a fish passage restoration project at the tributary to Hell Roaring Creek(historically and locally referred to as lilotkayachal or Little Hell Roaring Creek); and WHEREAS,WCSSF desires to install and maintain an educational sign within the County's right-of-way at or near Mile Post 1.24 of Upper Hoh Road, situated within the NW Qtr of Section 22, Township 27 North,Range 12 West, W.M., for the purpose of informing the public regarding salmon habitat restoration and the 'Strong Salmon Future'campaign; and WHEREAS,the proposed location of the sign is adjacent to real property managed by the Washington State Department of Natural Resources(WA DNR); and WHEREAS,the County finds that the installation of such educational signage serves a public interest by fostering community awareness of local natural resources and collaborative restoration efforts,provided such installation does not interfere with the safe operation and maintenance of the county road system Page 1 of 9 NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS: The GRANTOR,Jefferson County, a Washington municipal corporation, in order to facilitate public education regarding regional salmon habitat restoration and the "Strong Salmon Future" campaign, and for no monetary consideration, does hereby grant and convey to GRANTEE, Washington Coast Sustainable Salmon Foundation, a Washington Nonprofit Corporation, a license over, across, and upon the real property known as the Upper Hoh Road Right-of-Way, situated in the County of Jefferson, State of Washington(the "Property"). The area subject to this license (the "License Area") is a portion of the Northwest Quarter of Section 22, Township 27 North, Range 12 West, W.M., located at or near Mile Post 1.24, and is more particularly shown on the diagram labeled Exhibit B, attached hereto and by this reference made a part hereof, subject to the following terms and conditions: 1. Use of License Area for Installation, Maintenance & Operation of Educational Signage; No Representations or Warranties. The License Area may be accessed and used by Grantee solely for the purpose of the installation, operation, and maintenance of an educational sign and its supporting structure related to the "Strong Salmon Future" campaign. Grantor makes no representations or warranties as to the condition of the Property, the stability of the roadside slope, or its suitability for Grantee's permitted uses. Grantee accepts the License Area "as-is" and acknowledges that the Property is an active public right-of-way subject to traffic, environmental elements, and routine road maintenance. 2. Retained Rights of County. Except as otherwise explicitly limited under this License, Grantor retains all rights to access, use, and manage the affected area as part of the Upper Hoh Road right-of-way, including the right to perform routine maintenance, drainage improvements, or road widening. In the event the Grantor is required to enter the affected area to remediate any public health or safety issue, or to remove obstructions resulting from Grantee's use of the affected area, the Grantor shall have the right to seek compensation from Grantee and to lien Grantee's property in the event Grantee fails to timely reimburse Grantor for such work. 3. Public Benefit in Lieu of Monetary Consideration. The County acknowledges that compensation is typically required for the use of County property to comply with the state constitutional prohibition against conferring benefits on private interests where the public interest is not primarily served. In this particular case,the benefits to Grantee in the limited use of the County right-of-way under this License are deemed fully offset by the following public benefits: (1) enhancing general public awareness regarding the restoration of the lilotkayachal (Little Hell Roaring Creek) fish passage; (2) providing educational signage that fosters community stewardship of natural resources without the use of County funds; and(3)promoting the visibility of collaborative salmon recovery Page 2 of 9 efforts involving the Hoh Tribe, Trout Unlimited, and the Washington Coast Salmon Foundation, which serves as a significant community and environmental asset. These benefits serve a fundamental governmental purpose in protecting natural resources and providing an educational benefit to the community. Therefore,no additional monetary compensation is required in exchange for the County granting this License. 4. Grantee to Acquire Any Required Permits. Grant of this License does not satisfy or guarantee approval of any permits which may be required under Jefferson County Code. It is Grantee's responsibility to acquire any required permits for work on the Property, including but not limited to any necessary traffic control plans or environmental permits required for the installation of the Signage. 5. Ownership of Educational Signage;Removal at End of License Term. During the term of this License, Grantee shall retain ownership of the educational sign and its supporting structure. Ownership shall not be transferred or assigned without the written permission of Grantor. At the end of the term of this License, or upon earlier termination as provided herein, Grantee shall remove all improvements installed by Grantee and shall repair any damage resulting from Grantee's use of the Property,restoring the roadside area to a condition satisfactory to the County Engineer. 6. No Dumping; Maintenance of the Property. Grantee shall not deposit, or allow to be deposited, any waste material on the Property. Grantee shall be solely responsible for all regular monitoring and maintenance of the License Area. This responsibility includes, but is not limited to,the upkeep of Grantee's improvements,the removal of all trash, and the control of any vegetation immediately surrounding the Signage to ensure that the Signage remains visible and does not obstruct the sightlines of the traveling public. Grantee shall immediately notify Grantor in the event of any vandalism of Grantee's improvements on the Property. Under no circumstances shall Grantor be responsible for the cost or labor associated with the maintenance, cleaning, or repair of the Signage or the License Area. 7. Term of this License. The term of this License commences upon execution and terminates upon sixty(60)days written notice by either party.Notwithstanding the foregoing, Grantor reserves the right to terminate this License upon shorter notice in the event of an emergency or if the License Area is required for County road construction, maintenance, or timber-related road expansion where sixty(60)days notice is not feasible. Upon termination, Grantee shall follow the removal and restoration requirements set forth in Condition 5 of this License. 8. Shared Use of the Property. During the License term, Grantee shall ensure that the Property, including the License Area,remains reasonably accessible for use by the Grantor for County and public purposes. 9. Indemnification. Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers(and their marital communities)harmless Page 3 of 9 from any claims, injuries, damages, losses or suits, including attomey's fees,arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. It is further specifically understood that the indemnification provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. This section shall survive the expiration or termination of this Agreement. 10. Insurance. Grantee shall obtain and keep in force during the term of this License,the following insurance: liability and property damage insurance in an amount not less than a single limit of one million and 00/100 dollars ($1,000,000),two million aggregate ($2,000,000)for bodily injury, including death and property damage pre occurrence. Jefferson County shall be named on all certificates of insurance as an additional insured. The certificates of insurance shall cover the activities allowed in the County's right-of- way under this License. All insurance shall be obtained from an insurance company authorized to do business in Washington State. Grantee shall submit a certificate of insurance to the County within 30 days after the recording of this License. 11. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Name: Jefferson County Public Works Telephone: 360-385-9160 Email: pubworks@co jefferson.wa.us 12. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Name: Alex Bradberry Telephone: 360-532-9113 Email: alex@coastsalmonpartnership.org 13. Covenants. Grantor covenants that it has lawful jurisdiction and control over the public right-of-way described herein, which includes the county road known as Upper Hoh Road, and possesses the authority to regulate the use thereof by granting this License. Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so.. Page 4 of 9 THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. [Signatures on following pages] Page 5 of 9 �� 11 Approved this ' of Ala- , 2026 by the Jefferson County Board of County Commissioners. I GRANTOR: Jefferson County Approved as to form only: Board of County Commissioners Jefferson Coun ' , Washington By: By: 04/29/2026 g t erton, Chair Jeremi B rther Date Deputy Prosecuting Attorney State of Washington County of Jefferson This record was acknowledged before me on " j // ��� , by Greg Brotherton as the Chair of the Jefferson County Board of County Commissioners. \ \\""%11 t ;�`oYNGz114, ! CA 1'v 1- OV-:_.\SsionrFfiA, .y Nota blic in and for the State of Washington. rs136730 s Z My Commission Expires 3/2 et 36 0 ' 4,B�.c, O, /// Op r, 0 tWASN\� 47. GS Page 6 of 9 GRANTEE: Washington Coast Sustainable Salmon Foundation q By: ALA P��O.RpAyy�, Jan Atha Executive Director # (70oN N°? '.F 4% :ca m State of Washington j *Fs: °°'' .';�0� County of Q\(O•yS 0\.000r //0111111110 COThis record was acknowledged before me on Y i, 110 t 2O2i7, by Jane Atha as the Executive Director of Washingto Coast Sustaina. e Salmon Foundation. * ,/ c er• _t-) otary ii.lic in and for the ' ate of Washington. My Commission Expires SLk\c\e ,owl t 102-1 Page 7 of 9 EXHIBIT A Legal Description of License Area A LICENSE TO OCCUPY A PORTION OF THE PUBLIC RIGHT-OF-WAY OF UPPER HOH ROAD, LOCATED WITHIN SECTION 22, TOWNSHIP 27 NORTH, RANGE 12 WEST, W.M., JEFFERSON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 5-FOOT BY 5-FOOT SQUARE AREA SITUATED ON THE SOUTHERLY SHOULDER OF THE UPPER HOH ROAD RIGHT-OF-WAY, LOCATED WITHIN THE SOUTH HALF OF THE NORTHWEST QUARTER (S1/A NMI) OF SAID SECTION 22. SAID LICENSE AREA IS CENTERED AT APPROXIMATE STATION 64+27 AS DEPICTED ON RIGHT OF WAY PLAT NO. 3245, SHEET 2 OF 2 (FILED IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON). THE SPECIFIC LOCATION IS FURTHER IDENTIFIED AS BEING CONTIGUOUS WITH THE SOUTHEAST TERMINAL END OF THE EXISTING GUARDRAIL AT THE TRIBUTARY TO HELL ROARING CREEK (LITTLE HELL ROARING CREEK), AS SHOWN ON THE AS-BUILT PLANS DATED OCTOBER 21, 2025. SAID LICENSE AREA IS CONTAINED ENTIRELY WITHIN THE EXISTING ROADWAY EASEMENT GRANTED TO JEFFERSON COUNTY BY THE STATE OF WASHINGTON UNDER DNR EASEMENT NO. CR-3245. AS DEPICTED IN THE ATTACHED EXHIBIT B. Page 8 of 9 EXHIBIT B License Area ROADWAY CENTERLINE EDGE OF PAVEMENT/FOG LINE GUARDRAIL License Area (�) (5'x 5') Right of Way Limit TO HWY 101 TO HOH RAINFOREST f- Tax Parce1:712220000 -� EXHIBIT B: LICENSE AREA DETAIL UPPER HOH ROAD MP 1.24 NOT TO SCALE Page 9 of 9 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/16/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cindy McGowan Strand Insurance of Ocean Shores (q/G.No.E,d): (360)289-2808 FAX 113 Lee St SE E-MAIL (A/C,No): TUMWATER,WA 98501 ADDRESS: cindy@strandinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B: WASHINGTON COAST SUSTAINABLE SALMON FOUNDATION INSURER C: 100 S I ST STE 103 INSURER D: ABERDEEN,WA 98520 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 00047754-260416122114 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.'LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.LIMITS SHOWN ARE INCLUSIVE OF AMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED.*Not Applicable in WY INSRT TYPE OF INSURANCE ADDL SUBRW POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DDIYYYY) I MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y BZS55605947 07/01/2025 07/01/2026 EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE OCCUR PREMISES(EaENTED occurrence) $ 2,000,000 MED EXP(Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 POLICY JECOT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE UABILITY BZS55605947 07/01/2025 07/01/2026 Ea aBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per $ AUTOS ONLY AUTOS ( accident) HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Jefferson County as added an and Additional Insured per BP 79 96 09 16 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Jefferson County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 623 Sheridan St AUTHORIZED REPRESENTATIVE PORT TOWNSEND,WA 98368 Vt L-E0itill 4,� 0 (CCM) ACORD 25(2025/12) ©1988-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by CCM on 04/16/2026 at 12:29PM BUSINESSOWNERS BP 79 96 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM Below is a summarization of the coverages provided by this endorsement. No coverages are given by this summary. Actual coverage descriptions are within this endorsement. SECTION SUBJECT A. Supplementary Payments Bail Bonds Loss Of Earnings B. Broadened Coverage For Damage To Premises Rented To You C. Incidental Medical Malpractice Injury D. Mobile Equipment E. Blanket Additional Insured (Owners, Contractors Or Lessors) F. Newly Formed Or Acquired Organizations G. Aggregate Limits H. Duties In The Event Of Occurrence, Offense, Claim Or Suit I. Liability And Medical Expenses Definitions Bodily Injury Insured Contract Personal And Advertising Injury Section II -Liability is amended as follows: A. Supplementary Payments Section A.1. Business Liability is modified as follows: 1. The $250 limit shown in Paragraph A.1.f.(1)(b) Coverage Extension - Supplementary Payments for the cost of bail bonds is replaced by a $3,000 limit. 2. The $250 limit shown in Paragraph A.1J.(1)(d) Coverage Extension - Supplementary Payments for reasonable expenses and loss of earnings is replaced by a $500 limit. B. Broadened Coverage For Damage To Premises Rented To You 1. The last paragraph of Section B.1. Exclusions - Applicable To Business Liability Coverage is replaced by the following: With respect to the premises which are rented to you or temporarily occupied by you with the permis- sion of the owner, Exclusions c., d., e., g., h., k., I., m., n.and o. do not apply to "property damage". © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 4 2. Paragraph D.2. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under this endorsement for the sum of all damages because of all "property damage" to premises while rented to you or temporarily occupied by you with the permission of the owner is the Limit of Insurance shown in the Declarations. 3. Paragraph D.3. Liability And Medical Expenses Limits Of Insurance does not apply. C. Incidental Medical Malpractice Injury 1. Paragraph (4) under Paragraph B.1.j. Exclusions - Applicable To Business Liability Coverage - Profes- sional Services does not apply to "Incidental Medical Malpractice Injury" coverage. 2. With respect to this endorsement, the following is added to Section F.Liability And Medical Expenses Definitions: a. "Incidental Medical Malpractice Injury" means bodily injury arising out of the rendering of or failure to render, during the policy period, the following services: (1) Medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of food or beverages in connection therewith; or (2) The furnishing or dispensing of drugs or medical, dental or surgical supplies or appliances. b. This coverage does not apply to: (1) Expenses incurred by the insured for first-aid to others at the time of an accident and the Duties in the Event of Occurrence, Offense, Claim or Suit Condition is amended accordingly. (2) Any insured engaged in the business or occupation of providing any of the services described under a. above. (3) Injury caused by any indemnitee if such indemnitee is engaged in the business or occupation of providing any of the services described under a. above. D. Mobile Equipment Section C. Who Is An Insured is amended to include any person driving "mobile equipment" with your permission. E. Blanket Additional Insured (Owners, Contractors Or Lessors) 1. Section C. Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy under a written contract or written agreement. The written contract or agreement must be: a. Currently in effect or becoming effective during the term of this policy; and b. Executed prior to the "bodily injury", "property damage", or "personal and advertising injury". 2. The insurance afforded to the additional insured is limited as follows: a. The person or organization is only an additional insured with respect to liability arising out of: (1) Real property, as described in a written contract or written agreement, you own, rent, lease, maintain or occupy; and (2) Caused in whole or in part by your ongoing operations performed for that insured. b. The Limit of Insurance applicable to the additional insured are those specified in the written contract or written agreement or the limits available under this policy, as stated in the Declara- tions, whichever are less. These limits are inclusive of and not in addition to the Limit of Insurance available under this policy. c. The insurance afforded to the additional insured does not apply to: (1) Liability arising out of the sole negligence of the additional insured; (2) "Bodily injury", "property damage", "personal and advertising injury", or defense coverage under the Supplementary Payments section of the policy arising out of an architect's, en- gineer's or surveyor's rendering of or failure to render any professional services including: © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 (a) The preparing or approving of maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (3) Any "occurrence" that takes place after you cease to be a tenant in the premises described in the Declarations; or (4) Structural alterations, new construction or demolition operations performed by or for the person or organization designated in the Declarations. 3. Any coverage provided hereunder shall be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary or you request that it apply on a primary basis. F. Newly Formed Or Acquired Organizations N The following is added to Section C.Who Is An Insured: Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: 1. Coverage under this provision is afforded only until the 180th day after the entity was acquired or incorporated or organized by you or the end of the policy period, whichever is earlier; 2. Section A.1. Business Liability does not apply to: a. "Bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you; and b. "Personal and advertising injury" arising out of an offense committed before the entity was ac- quired or incorporated or organized by you. 3. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. G. Aggregate Limits The following is added to Paragraph D.4. Aggregate Limits Liability and Medical Expenses Limits Of Insurance: 1. The Aggregate Limits apply separately to each of the "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. The Aggregate Limits also apply separately to each of your projects away from premises owned by or rented to you. For the purpose of this endorsement only, "location" means premises involving the same or connect- ing lots, or premises whose connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad. H. Duties In The Event Of Occurrence, Offense, Claim Or Suit 1. Paragraph E.2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition applies only when the "occurrence" is known to any insured listed in Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. 2. Paragraph E.2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit Liability And Medical Expenses General Condition will not be considered breached unless the breach occurs after such claim or "suit" is known to any insured listed under Paragraph C.1. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 4 I. Section F.Liability And Medical Expenses Definitions is modified as follows: 1. Paragraph F.3. is replaced by the following: 3. "Bodily Injury" means bodily injury, sickness, disease, or incidental medical malpractice injury sustained by a person, and includes mental anguish resulting from any of these; and including death resulting from any of these at any time. 2. Paragraph F.9. is replaced by the following: 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indem- nification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. However, such part of a contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 3. Paragraph F.14.b. Personal And Advertising Injury is replaced by the following: b. Malicious prosecution or abuse of process; © 2016 Liberty Mutual Insurance BP 79 96 09 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma, Public Works Director Agenda Date: 5/11/2026 Subject: Grant of License to Washington Coast Sustainable Salmon Foundation for use of the public right-of-way Upper Hoh Road Statement of Issue: Public Works' staff request approval of the attached License to the Washington Coast Sustainable Salmon Foundation (WCSSF) to install and maintain an educational sign related to the completed fish passage restoration project at the tributary to Hell Roaring Creek (historically and locally referred to as tilotkayachal or Little Hell Roaring Creek). Analysis/Strategic Goals/Pro's a Con's: This educational signage will enhance public awareness of the restoration of Little Hell Roaring Creek fish passage, foster community stewardship of natural resources without the use of County funds and promote visibility of collaborative salmon recovery projects involving the Hoh Tribe, Trout Unlimited and the Washington Coast Salmon Foundation. Fiscal Impact/Cost Benefit Analysis: The License does not require WCSSF to pay compensation for use of the County property. WCSSF agrees to indemnify and hold harmless the County for any claims, damage or injuries. The License also requires the NWSSF to maintain the site and remove and restore the property upon termination of the License. Staff time and recording fees to be paid by WCSSF. Recommendation: The Board is requested to sign the attached License and return it to Public Works for further processing. Department Contact: Josh Thornton, Real Property Specialist 385-9162. Reviewed By: 5/6 Josh-Pet rs,''County Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) /0(47(_�,6 CONTRACT WITH: Washington Coast Sustainable Salmon Foundation(WCSSF) Contract No: WCSSF-2026-1 Contract For: License for use of the right-of-way; signage Term: until terminated COUNTY DEPARTMENT: Jefferson County Public Works Contact Person: Josh Thornton Contact Phone: 360-385-9162 Contact email: jhornton@co.jefferson.wa.us AMOUNT: N/A 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# _ - RFP or RFQ Munis Org/Obj - Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCEE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A: " ❑ ❑ Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. y'CERTIFIED: ❑ N/A: ❑l /44,, //`t '�U Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): `/Electronically approved by Risk Management on 4/29/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): i / Electronically approved as to form by PAO on 4/29/2026. DPA Luther reviewed and approved on 4/29/2026 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