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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E. /j�
Public Works Director%' V4
Agenda Date: December 19, 2016
Subject: Recreational Trails Program Landowner Agreement
Backcountry Horsemen
Statement of Issue: Agreement with Backcountry Horsemen (BCH) for certain
maintenance tasks and upgrades on the Gibbs Lake Park Trail System.
Analysis/Strategic Goals/Pro's £t Con's: The Backcountry Horsemen of Washington
organization is applying for a grant from the Recreational Trails Program to perform
trail work at various sites throughout Washington. The local chapter proposes to use
this grant to perform certain maintenance tasks and upgrades on Gibbs Lake Park
Trail System.
Fiscal Impact/Cost Benefit Analysis: A small amount of staff resource will be
allocated to review and coordinate the proposals and work by the BCH.
Recommendation: Sign three (3) copies of the attached agreement and return two
(2) to Public Works for further processing.
Department Contact: Matt Tyler, Public Works 385-9189
Reviewed By:
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Date
Recreational Trails Program
Landowner Agreement for Maintenance Projects
This agreement, dated and effective beginning the 1st day of July, 2017, and ending
June 31, 2020, is made and entered into by and between the landowner and project
sponsor (sponsor) identified herein. The parties intend that all terms of this agreement
shall remain in effect during the period of performance in the Recreation and
Conservation Office (RCO) project agreement and shall be binding during this time.
Parties to the Agreement
Jefferson County Public Works Back Country Horsemen of Washington
Landowner / Landowner Organization Sponsor
Monte Reinders
Authorized Representative
Public Works Director
Title
623 Sheridan St.
Address
Port Townsend, WA 98368
City, State, Zip
Purpose
Darrell Wallace
Authorized Representative
Executive Director
Title
5198 S Wallbridge Rd
Address
Deer Park, WA 99006
City, State, Zip
The purpose of this agreement is to describe the terms, conditions, and obligations
agreed upon between the sponsor, who is undertaking a project administered through
the RCO, and the landowner, who owns the property on which the project will take
place.
The sponsor and landowner mutually agree to the scope of work described below within
County Parks owned by Jefferson County in Jefferson County, State of Washington. The
undertaking is also described in, and subject to RCO Project Agreement Number 16-
2714 into which this agreement, once signed by both parties, becomes incorporated
therein.
RTP Landowner Agreement
Maintenance Projects
Form revised: March 1, 2014
Page: 1 of 7
Scope of Work
Trail, trailhead, and trail parking maintenance, repair, signage, and improvements
associated with trails primarily within Gibbs Lake County Park, and secondarily within
Cape George Trailhead Park and Jefferson County Horse Park based on agreed tasks
approved between BCHW and the County.
General
1. The scope of work may be completed by the staff and volunteers of the Back
Country Horsemen of Washington; or the staff or volunteers of Jefferson County
Parks and Recreation.
2. All volunteers are required to: complete a Jefferson County Parks and Recreation
Risk Release/Liability Waiver, and to document their service hours on forms to be
provided by Jefferson County Parks and Recreation.
3. All volunteers will be trained in and follow the site safety plan. Volunteers will be
trained in the use of tools and equipment. Volunteers will use correct personal
protective equipment.
Recitals
The sponsor agrees to:
1. Obtain necessary Jefferson County permits and approvals for work that includes
providing the landowner with a detailed scope of work for each project task prior
to work commencement, including start and completion dates, and to keep the
landowner informed of progress.
2. Conduct the project -related tasks according to specifications provided by the
landowner.
3. Leave all remaining portions of the properties in as near pre -project condition as
reasonable, or as otherwise agreed upon in writing in advance with the
landowner.
4. Inform landowner of project completion and the dates for this agreement.
5. The sponsor shall hold harmless the landowner, perform as an independent
contractor, provide proof of insurance, and agree to other provisions of
RTP Landowner Agreement Form revised: March 1, 2014
Maintenance Projects Page: 2 of 7
Attachment A — Standard County Requirements, attached hereto, and
incorporated by reference herein.
The landowner agrees to:
1. Provide reasonable property access to the sponsor to plan, implement, and
complete the project as described in the project agreement.
2. Allow the project area to be reviewed for effects to archaeological and cultural
resources pursuant to Section 106 of the National Historic Preservation Act. At
minimum, the review requires consultation with the Washington State Historic
Preservation Office and interested Native American tribal governments. The lead
agency for consultation is the U.S. Federal Highway Administration. If the
landowner to this agreement is a federal agency, the landowner certifies that the
undertaking in the project's scope of work is, or will be, appropriately reviewed
and documented as required by the National Environmental Policy Act and
Section 106 of the National Historic Preservation Act of 1966 (16 USC 470) before
commencing.
3. Allow public use, of trails and trailside facilities maintained through this project,
at reasonable times of the day and year for the term specified above without
regard to age, disability, gender, sexual orientation, income, race, or religion.
4. Provide the sponsor and RCO, or their employees, agents, representatives, or
assignees, the right to enter the land, at reasonable times to monitor progress,
management, and maintenance of the project area.
5. Notify the sponsor of changes in ownership of the property on which the project
is located within 30 days of transfer. In the event of such transfer of ownership,
the landowner shall provide a copy of this agreement to the succeeding owner
prior to such transfer.
This agreement does not convey or transfer property interests to the sponsor or the
RCO.
RTP Landowner Agreement,
Maintenance Projects
Form revised: March 1, 2014
Page: 3 of 7
IN WITNESS WHEREOF, the parties have executed this agreement.
Sponsor
Landowner
Date
Date
Send signed copy to BCHW at above address or exec@bchw.org, who will provide a
copy of this agreement, and any amendments to this agreement, to the Recreation and
Conservation Office, P.O. BOX 40917, Olympia, WA 98504-0917.
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RTP Landowner Agreement
Maintenance Projects
Form revised: March 1, 2014
Page: 4 of 7
Attachment A — Standard County Requirements
Section 1— Hold Harmless. Sponsor shall indemnify, defend and hold harmless the
Landowner, its officers, agents, and employees, from and against any and all claims,
losses or liability, or any portion thereof, including attorney's fees and costs, arising from
injury or death to persons, including injuries, sickness, disease or death to sponsor's own
officers, agents, volunteers and employees, or damage to property occasioned by a
negligent act, omission or failure of the sponsor.
Section 2 — Independent Contractor. The sponsor and the landowner agree that the
sponsor is an independent contractor with respect to the services provided pursuant to
this agreement. Nothing in this agreement shall be considered to create the relationship
of employer and employee between the parties hereto. 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.
Section 3 — Insurance. Prior to commencing work, the Sponsor shall obtain at its own cost
and expense the following insurance from companies licensed in the State with a Best's
rating of no less than A: VII. The Sponsor shall provide to the County Risk Manager
certificates of insurance with original endorsements affecting insurance required by this
clause prior to the commencement of work to be performed. The insurance policies
required 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 County Risk Manager
by registered mail, return receipt requested, for all of the following stated insurance
policies.
A. If applicable, Workers Compensation and Employers Liability Insurance. The
Sponsor shall procure and maintain for the life of the contract, Workers
Compensation Insurance, including Employers Liability Coverage, in
accordance with the laws of the State of Washington.
B. General Liability(1) - with a minimum limit per occurrence of one million
dollars ($1,000,000) and an aggregate of not less than two million dollars
($2,000,000) for bodily injury, death and property damage unless otherwise
specified in the contract specifications. This insurance coverage shall
contain no limitations on the scope of the protection provided and indicate
on the certificate of insurance the following coverage:
RTP Landowner Agreement Form revised: March 1, 2014
Maintenance Projects Page: 5 of 7
1. Broad Form Property Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed
operations
4. Premises - Operations Liability (M&C);
5. Independent Contractors and subcontractors;
6. Blanket Contractual Liability
Note: The County shall be named as an additional insured party under this policy.
C. If applicable, automobile (2) - with a minimum limit per occurrence of
$1,000,000 for bodily injury, death and property damage unless otherwise specified
in the contract specifications. This insurance shall indicate on the certificate of
insurance the following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non -owned automobiles.
Note: The County shall be named as an additional insured party under this policy.
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 herein.
Failure of the sponsor to take out and/or maintain any required insurance shall not
relieve the Sponsor from any liability under the 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
RTP Landowner Agreement Form revised: March 1, 2014
Maintenance Projects Page: 6 of 7
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 herein, 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.
Any insurance 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 Consultant must provide in order to comply with this
Agreement.
Section 4 — Termination: The landowner reserves the right to terminate this agreement
at any time by giving ten (10) days written notice to the sponsor.
RTP Landowner Agreement Form revised: March 1, 2014
Maintenance Projects Page: 7 of 7