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
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Jefferson Co. r secu is Office
David Alvarez, Chief Civil DPA