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O Consent
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director
Agenda Date: April 4, 2016
Subject: Agreement to Replace Quincy St Section of Memorial Field Fence
Statement of Issue:
An agreement enabling the Friends of Jefferson County Parks and Recreation to
replace the Quincy St. section of the Memorial Field Fence by donation, has been
prepared and is ready for approval.
Analysis/Strategic Goals/Pro's Et Con's:
The fence has failed. One panel is completely missing and others are held up by rope.
The City of Port Townsend has issued a building permit. The fence is important to the
safety and function of Memorial Field.
Fiscal Impact/Cost Benefit Analysis:
Jefferson County Parks and Recreation is responsible for $1,200 in dump fees and the
building permit fee $550. The value and benefits of the project far exceed this
expenditure.
Recommendation:
Approve the agreement and return three signed copies to Public Works.
Department Contact: Matt Tyler. 385-9129
Reviewed By:
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Agreement Between
Jefferson County and the Friends of Jefferson County Parks and Recreation
This agreement is made and entered into on this day of 2016
1 The Friends of Jefferson County Parks and Recreation (Friends) seek to donate a 178 linear
foot section of replacement fence along Quincy Street at Memorial Field Jefferson County
accepts the offer of the Friends to donate the replacement fence The Friends gain good will
by being good citizens of Jefferson County, and the County and its citizens gain a
replacement fence, both items representing good and valuable consideration in support of
this Memorandum of Understanding
2 Definitions
a Replacement Fence: a new section of fence built along Quincy Street of Memorial
Field, 550 Washington St Port Townsend, Washington See Exhibit A for the
specifications and design of the fence, and Exhibit C for roles and responsibilities of
each party in the project, and Exhibit D for the Construction Plan
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b County: Jefferson County, Public Works Department, Parks and Recreation Division,
623 Sheridan St , Port Townsend, WA 98368 Phone (360) 385-9129
c Volunteers The Friends of Parks and Recreation, Co -Chairs Jane Storm and Cher
Albright, Secretary/Treasurer Rebecca KraJewski P O Box 971, Port Townsend, WA
98368 Phone 360-385-2291
3 The end date of the agreement is June 1, 2017
4 Notice to Proceed no work will begin until written notice to proceed is provided to the
Friends by the County
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5 Construction Plan a construction plan will be completed by the Friends and approved by the
County prior to construction (see Exhibit D)
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6 The fence will become the property of Jefferson (County There is no transfer of ownership,
responsibility or authority associated with this agreement
7 All volunteers working on the fence project are (Jefferson County Volunteers As such, the
following terms and conditions apply
a All volunteers working on the site must complete a registration form supplied by the
County
b All volunteer hours must be documented on the form provided by the County
c All volunteers will be covered by Workers Compensation Insurance paid for by the
County
d All volunteers must be briefed by the Friends in the dangers, risks and hazards of the
work they are undertaking
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e All volunteers must be trained by the Friends in proper safety protocol and
techniques for the work they are doing
f All hand and power equipment must be properly maintained and in good working
order
g Safety protective guards and equipment must be in place on all tools
h The "Safety and Health Core Rules" set by the Washington State Department of
Labor and Industries in Chapter 296-800 WAC shall be followed during this project as
well as other applicable State and Federal safety statutes
i All volunteers are held to the terms and obligations of the County Personnel Policy
including, but not limited to, the following
i Alcohol and Drug Free Workplace
ii Anti-Harrassment Policy
8 No volunteer performing work pursuant to this AGREEMENT shall become or be considered
an employee of the County
9 Administrative duties that shall be completed by the Friends
a Ensure that each volunteer completes the volunteer registration form and safety
training prior to beginning work
b Document volunteer work and report to the County on or before the 10t1 of each
month
c Report near misses, incidents, and accidents that occur during volunteer work to the
County immediately
10 No volunteer performing work pursuant to this AGREEMENT shall be compensated by the
County
11 No modifications to the design and specifications of the fence provided in Exhibit A are
allowed without the approval of the County
12 Except as described in paragraph #7 above, the County or its agents, successors and assigns
shall not be liable for any injury to persons (including death) or damage to property
sustained by the volunteers, its employees, agents or volunteers or others, in and about the
fence construction area during the course of construction work being performed by or
under the direction of the Friends, unless such injury or damage was the proximate result of
the gross negligence or willful act or omission of the County or its agents, servants,
employees, successors or assigns
Provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the County's agents or employees, and, (b) the Friends, its officers,
employees and agents, this indemnity provision with respect to claims or suits based upon
such negligence, and/or the costs to the County of defending such claims and suits, etc ,
shall be valid and enforceable only to the extent of the Friends negligence, or the negligence
of the Friends Club's agents or employees
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13 The Friends indemnify and hold harmless the County against and from claims arising from
the Friends sole negligence or willful act with respect to, without limitation, the construction
of the replacement fence
14 If any provision of this AGREEMENT is ruled illegal or unlawful by a Court of competent
Jurisdiction, then all other portions of this AGREEMENT shall remain in full force and effect
15 The parties agree that the sole venue for any legal disputes arising from this AGREEMENT
shall be the Superior Court In and For Jefferson County Disputes shall first be discussed and
reviewed between a designated representative of the Friends and the County before any
litigation is begun Either party may seek a conference with the County Administrator if
discussion and review between the Friends and County representatives fails to come to a
mutually agreeable resolution
16 Conformance with Laws The Friends shall comply with all applicable County ordinances,
state statutes, and other government rules and regulations as required by the District under
this agreement
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IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year
written above
The Friends of Jefferson County Parks and Recreation
Jane Storm
Date
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COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
David Sullivan, Member
Phil Johnson, Member
Approved aq to form only this
day of YAA PIC 2016
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Deputy Prosecuting AttoAey
Monte ers
Public Works Director
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DESIGN SPECIFICATIONS
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JEFFERSON COUNTY
MEMORIAL FIELD
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Proposed Fence Location.
Approx. 178' in Length
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ImageryDate:-7,:5/2011 48007'01.19"
EXHIBIT C
Roles and Responsibilities of Each Party
The County Will
1 Provide the building permit and coordinate inspections
2 Provide the site plan, fence design, and fence specifications
3 Coordinate an on-site pre -construction meeting with the City of Port Townsend to stake the
exact location of the fence
4 Coordinate scheduling of activities at Memorial Field
5 Provide a notebook containing blank volunteer registration forms, and blank timesheets for
each volunteer to enter their time
6 Provide workers compensation insurance to the volunteers
7 Pay for dump fees of old fence Hauling of old fence is by the Friends
The Friends Will
1 Remove the old fence and haul it to the transfer station
2 Provide all materials, equipment, and labor for construction of the new fence to the design
and specifications detailed in this agreement
3 The Friends will provide a construction plan and proposal which details the plan for
construction, the construction budget, the volunteers and organizations who have pledged
to complete the work, the equipment to be used, expected schedule, and storage
requirements
4 The Friends will allow periodic inspection of the project by the County
5 The Friends will provide and implement a project communication plan to educate and
inform the general public
6 The Friends will establish and follow hours of construction that follow the City of Port
Townsend code
7 The Friends will establish a construction supervisor who is qualified and who shall be the
point of contact between the County and the project Volunteers
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EXHIBIT D
JEFFERSON COUNTY MEMORIAL FIELD QUINCY ST FENCE
Construction Plan
Construction Manager
Construction managers Skip and Jane Storm have experience with construction projects, a strong
grasp of construction management and safety, and will be in charge of project implementation as
well as construction site supervision and management The construction manager will report
directly to the Manager of Parks and Recreation for purposes of construction and safety
Organization
Jane Storm has formed a Washington State Non -Profit Association named the Friends of Jefferson
County Parks and Recreation, Tax ID# 264165585 The officers of the organization are Co -Chairs —
Jane Storm and Cher Albright, Treasurer/Secretary — Rebecca Krajewski The organization is entirely
volunteer, with no salaries paid to the officers, and no employees at this time
Scope of Work
Preparation
The old fence will be removed and placed in the designated area The County will be responsible for
dump fees of the old fence The old concrete foundations will need to be removed
Fence Posts
New fence posts holes will be drilled using a machine mounted power auger New posts will be
placed using site -mixed, or pre -mixed concrete
Replacement Fencing
Replacement fencing will be installed on the posts and painted
Logistics
Because this project is occurring in a public facility, a safe perimeter will be established to keep
people out of the field, away from equipment, and off of the steep slopes The material for safe
perimeter fencing including signs, caution tape, barricades and temporary fencing will be provided
by the County, but the friends will be responsible for installing and maintaining the safe perimeter
at all times Materials, equipment and vehicles will be stored within an area designated by the
County Parking will be in Memorial Field in a designated parking area Only vehicles needed for
delivery or equipment will be used on Quincy St
Restrooms will be available in the grandstand of Memorial Field Limited use of the Maintenance
shed will be available for storing hardware, tools or equipment
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Schedule
June 13, 2016 through July 30, 2016
Budget
Cash Expenditures for lumber, concrete, forms, and fasteners $3,200
Cash on hand $3,200
Credit at Arrow Lumber $800
Boards on hand $600
Inspection
Jefferson County will coordinate building permit inspections including
1 Pre -construction walk through
2 Staking of fence posts
3 Fence posts holes — pre concrete
4 Fence posts — after concrete
5 Final
Approval
Fr4nids of Parks and Recreation, President Jane Storm
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Parksand Recreation ManagW, MattAler
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