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HomeMy WebLinkAbout042715_ca21Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Jill Silver DATE: April 27, 2015 RE: Qinault Indian Nation and Jefferson County Services Agreement STATEMENT OF ISSUE: Contact Jefferson County landowners to obtain agreements to survey; for treatment & education of knotweed and invasive plant species. ANALYSIS: Jefferson County working with the landowners within the Quinault Indian Nation's Environmental Protection Agency (EPA) grant area. Both parties agree to cooperate in carrying out functions under and that the County shall have full authority, possession and necessary control of the work to be done under this agreement. FISCAL IMPACT: Payment will not exceed $3,000.00, as per terms under the QIN /EPA grant. RECOMMENDATION: Recommend that the Commissioners approve this contract for services agreement. DEPARTMENT CONTACT: Su Tipton, 360.379.5610 ext. 206 i Philip Morley, Co ty Adminigtrato Date SERVICES AGREEMENT THIS AGREEMENT, is made and entered into this day of 2015, by and between the County of Jefferson (PO Box 1220, 1820 Jefferson Street, Port Townsend, WA 98368), hereinafter referred to as "County" and the Quinault Indian Nation, PO Box 189, Taholah, WA 98587, hereinafter referred to as "QIN." WHEREAS, Quinault Indian Nation is desirous of contracting with Jefferson County for the performance of contacting private landowners and executing agreements within Jefferson County including within the Quinault Indian Reservation Boundaries ; and WHEREAS, Jefferson County is agreeable to rendering such services on terms and conditions hereinafter set forth; and WHEREAS, under Article V, Section 3(a) of the Constitution of the Quinault Indian Nation, the QIN Business Committee is empowered to enter into agreements on behalf of the QIN with federal, state, and local governments or agencies, NOW, THEREFORE, the parties do mutually agree as follows: WITNESSETH: Scope of Contract The County agrees to perform for the QIN any and all functions specified hereinbelow relating to private landowner contacts and obtain agreements, subject to the general terms and conditions hereinafter set forth. The County shall perform private landowner contacts and obtain agreements within Jefferson County and 100% fee ownership within Quinault Indian Reservation Boundaries. Performance of Private Landowner Contacts and Agreements Services For the purpose of performing the functions hereinafter specified, the County shall contact private landowners to obtain permission for knotweed and other invasive species survey, treatment, and to disseminate public information within the QIN's Environmental Protection Agency (EPA) grant area. Both parties agree that they and their officers and agents shall cooperate in the carrying out of said functions and that the County shall have full authority, possession and necessary control of the work to be done under this agreement. Work to be Performed The County shall perform private landowners contacts and obtain signed agreements for the treatment of knotweed at times and in a manner that fully complies with the terms of the QIN EPA grant funding requirements. Basis of Payment Unless otherwise hereinafter provided for, the QIN shall pay the County the balance of a yearly invoice as compensation for performing such work, which fee shall cover all costs and expenses incidental to the performance of each of such function. Payment of services shall not exceed Three Thousand Dollars ($3,000.00) over the duration of the contract. Project Records After completing services contracted for, the County shall deliver to the QIN an invoice and summary record itemizing all services performed under this contract. This summary shall show the location of work performed and costs broken down by object and activity. All necessary documentation will be provided to meet the terms of the QIN EPA grant. Compliance With Existing Laws All work performed under the provisions of this agreement shall be done in compliance with Federal, State, Tribal and local laws. Duration of Contract This contract shall be effective on the letter date of approval by the County Commissioners, and the QIN and unless sooner terminated, as provided herein. This contract shall terminate on December 31, 2017. Termination of Agreement This agreement may be terminated, at any time,by either party giving written notice to the other. If the agreement is terminated as provided in this paragraph, it shall become wholly void and of no effect without liability to any party, except for breach of this agreement. Liabilities The QIN, its officers, agents, and employees, shall not be deemed to assume any liability for negligence of the County or of any officer or employee thereof, and the County shall hold QIN and its officers and employees harmless from, and shall defend and indemnify the QIN and the officers, agents, and employees thereof against any losses, liabilities, claims, damages, costs or expenses arising out of or related to any act, omission, error, fault, or negligence of the County. IN WITNESS WHEREOF, the Quinault Indian Nation caused this agreement to be signed by its duly- authorized official, and the County of Jefferson by resolution of its County Commissioners, has caused these presents to be subscribed by the County Commissioners and attested by the clerk of said Commissioners, all on the day and year first above written. Approved by the Quinault Indian Nation this day of 2015. ATTEST: QUINAULT INDIAN NATION Approved by the Board of County Commissioners this day of 2015. BOARD OF COMMISSIONERS ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY Johnson, Commissioner, District 1 Sullivan, Commissioner, District 2 Kathleen Kler, Commissioner, District 3 Approved as to form only r crso ���� ,, ' � !6115 Jefferson Co. r secu is Office David Alvarez, Chief Civil DPA