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Jefferson County Historical Society - 100421 (ins)
.<\c, 7Nit&fcIA 16\Ni— GRANTEE AGREEMENT WITH THE JEFFERSON COUNTY HISTORICAL SOCIETY FOR CONDUCTING INTENSIVE RESEARCH INVOLVING THE COUNTY CEMETERY ADJACENT TO LAUREL GROVE CEMETERY This Grantee Agreement ("Agreement") is by and between Jefferson County, a Washington political subdivision ("County") and the Jefferson County Historical Society, ("Grantee"). WHEREAS, the county owns land once used as a cemetery; and WHEREAS, the cemetery has historical significance as it was a burial place for soldiers and sailors, Chinese and Chinese American people, and Japanese and Japanese American people; and WHEREAS, much remains unknown about the site including the whereabouts of relatives to those buried there, which makes it a desirable research project; and WHEREAS, the Jefferson County Historical Society wishes to perform such research but doesn't have the financial means to do so; and WHEREAS, the County has an interest in promoting historical research as a way of defining the County's past and present character for the benefit of current and future generations; NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: I. Effective Date and Term. This Agreement shall commence on when last executed by the parties and remain in effect until December 31, 2022, unless terminated earlier by the County in writing. Eligible expenses incurred prior to contract execution but not prior to October 1, 2021 are hereby ratified. 2. Grant Amount and Grantee's Use of Grant Funds. The Grantee shall ensure that the any funds expended are eligible in accordance with the terms of the grant, to include the grant proposal attached. The Grant amount is $10,000. 3. Termination. The County may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the Grantee. 4. Independent Grantee. Each party under this Agreement shall be for all purposes an independent Grantee. Nothing contained herein will be deemed to create an association. a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The Grantee shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the County for any purpose. 5. Indemnification. The Grantee agrees to defend, indemnify and hold the County, its officers,officials, employees,agents and volunteers harmless from and against any and all claims, injuries, damages, losses or expenses including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property. which are alleged or proven 1 to be caused in whole or in part by an act or omission of the Grantee, its officers, directors, employees, and/or agents relating to the Grantees' performance or failure to perform under this Agreement. The section shall survive the expiration or termination of this Agreement. 6. Insurance. Prior to commencing work, the Grantee shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the County named as an additional insured in connection with the Grantee's performance of his Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (3) Non-owned automobiles. Commercial General Liability. Insurance in an amount not less than a single limit of $1,000,000 per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The commercial general liability insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability - including coverage for products and completed operations; d. Premises - Operations Liability (M&C); e. Blanket Contractual Liability. The County shall be named as an"additional named insured" under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Grantee shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the insurance policy shall not be canceled or allowed to expire except on thirty (30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by 2 the Grantee refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Grantee to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this Agreement. Failure of the Grantee to take out or maintain any required insurance shall not relieve the Grantee from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Grantee's 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, with the exception of Professional Liability Insurance, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Insurance companies issuing the Grantee's insurance 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 insurance policy. All deductibles in the Grantee's insurance policies shall be assumed by and be at the sole risk of the Grantee. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention, or the Grantee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Grantee until the Grantee shall furnish additional security covering such judgment as may be determined by the County. Any 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 insurance policy the Grantee shall provide to comply with this Agreement. The County may, upon the Grantee's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Grantee. The Grantee shall provide a copy of all insurance policies specified in this Agreement. Written notice of cancellation or change in the Grantee's insurance required by this Agreement shall reference the project name and agreement number and shall be mailed to the County at the following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. 3 The Grantee's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Grantee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Grantee shall include all Sub-Grantees as insured under its insurance policies or shall furnish separate certificates and endorsements for each Sub-Grantee. All insurance coverage for Sub- Grantees shall be subject to all the requirements stated in this Agreement. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Grantee shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement 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. The Grantee shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 7. Worker's Compensation (Industrial Insurance). The Grantee shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any Sub-Grantee that does not have their own worker's compensation and employer's liability insurance. The Grantee expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. 4 If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Grantee. 8. Compliance with Laws. Guidelines, The Grantee shall comply with all federal, state, and local laws and all requirements (including certifications and audits), to the extent applicable, when seeking Reimbursement. 9. Maintenance and Audit of Records. The Grantee shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by the County or its designee, the Washington State Auditor's Office. If it is determined during the course of the audit that the Grantee was reimbursed for unallowable costs under this Agreement or any, the Grantee agrees to promptly reimburse the County for such payments upon request. 10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall be deemed received five(5)days after deposit with the U.S. Postal Service,postage fully prepaid, certified mail, return receipt requested, and addressed to the party to which it is intended at its last known address, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: Grantee Shelly Leavens Executive Director Jefferson County Historical Society 540 Water Street Port Townsend, WA 98368 Jefferson County Mark McCauley Interim County Administrator Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368 I 1. Improper Influence. Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 12. Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 13. Time. Time is of the essence in this Agreement. 14. Survival. The provisions of this Agreement that by their sense and purpose should survive expiration or termination of this Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 5 15. Amendment, No amendment or modification to this Agreement will be effective without the prior written consent of the authorized representatives of the parties. 16. Governing Law: Venue. This Agreement will be governed in all respects by the laws of Washington state, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Jefferson County, Washington or as provided by RCW 36.01.050. 17. Non-Waiver. No failure on the part of the County to exercise, and no delay in exercising, any right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by the County of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the County at law or in equity. 18. Binding Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 19. Assignment. Neither party shall assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the other party. 20. Entire Agreement. This Agreement constitutes the entire agreement between the County and the Grantee for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 21. No Third-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either party has to the Washington State Department of Commerce of these grant funds, including the obligation to provide access to records and cooperate with audits as provided in this Agreement. 22. Severability. in the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof,the remainder of this Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 23. Counterparts. This Agreement may be executed in counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. 24. Authorization. Each party warrants to the other party, that the person executing this Agreement on its behalf has the full power and authority to do so. 25. Public Records Act, Notwithstanding any provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act,Chapter 42.56 RCW (as may be amended), the Grantee agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Grantee also agrees that upon receipt of any written public 6 record request. Grantee shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement, (SIGNATURES APPEAR ON THE NEXT PAGE) 7 IN VIflVE.SS WHEREOF, this Agreement is executed and shall become effective as uf the last date signed below. JEFFERSON COUNTY HISTORICAL JEFFERSON COUNTY BOARD OF SOCIETY COMMISSIONERS c, B - By: Kate Dean,Ch r DATE Name: QietA4.4 tiLEAN)6NIS DATE to,2o.21 exec() ve DR,Gertm, /0/th Gr Brotherton, Member DATE N LVY 71/ di Eisenhour, ember DATE 0 . SEALS: ,• ATTEST: 4 ( 6.4 11-i4s01 11/421 / Carolyn attiilloway DA(TE Clerk of the Board Approved as to form only: September 30, 2021 Philip C. Hunsucker DATE Chief Civil Deputy Prosecuting Attorney Jefferson County Historical Society To: Mark McCauley, Central Services Director,Jefferson County From: Shelly Leavens, Executive Director,Jefferson County Historical Society Ellie DiPietro, Research Center Director, Collections, Exhibitions Proposal for a Community-Based Research Approach to the County Cemetery Jefferson County Historical Society (JCHS) proposes to conduct in-depth research into the history of the County Cemetery, aka Chinese Cemetery, aka Soldiers and Sailors Cemetery, now a densely-forested plot of land directly adjacent to two well-maintained settler cemeteries in Port Townsend. The land has been owned by Jefferson County since 1872, and was established as a cemetery in 1893 with the last known burial in 1945. The last documented walk-throughs of the cemetery where headstones were recorded was in 1985 by the Jefferson County Genealogical Society,and in 2020 by archaeologist Ed Arthur. The onlyknown cemetery mapis dated 1899. On this mapit notes that this wasthe place of burial for Chinese and Chinese American people,who were once the largest immigrant population in Port Townsend after white Europeans. This was also likely one of two "potter's fields" in Port Townsend, where the County and several fraternal organizations assisted with burials for people whose families were not present or did not have the funds, and for those who died in the Marine Hospital. In partnership with the County,we propose to dedicate JCHS Research Assistant Reed Barry's staff time to spending two years engaging in deep discovery, community consultation, and primary source research around the Cemetery site. This may include, but is not limited o�t :• documenting all discovery done to-date on the site, • sourcing additional documentation on references to the cemetery in other archives or repositories, including translation of documents if necessary, • locating and connectingwith the descendants of families of known persons from the 1985 list and headstones identified by Ed Arthur, • accessing burial and census records throughout the region, • connecting with regional experts on abandoned cemeteries, JCHS County Cemetery Research Proposal September 2021 • working with an AAPI Advisory Council to understand the community's interests in interpretation, • providing reports on findings to the County, • working with the JCHS grants team to source funding for additional work at the cemetery if deemed appropriate by the descendants and the community once thorough research is concluded. Research Timeline&Budget Re search Assistant Reed Barrycurrentlyworks 24 hoursper week at the Jefferson so County Research Center, and with this grant would begin working full-time at 30 hours per week. This proposal is budgeted at $10,000 per year for two years (2022-2023),for a total of $20,000. This covers the increase in Reed's work hours and benefits for dedicated research time, travel expenses to regional archives, translation of documents if needed, and meetings with community members and descendants. Additional Background&Significance of the Site: The parcel was established as a cemetery site circa 1893, eventually being called the County Cemetery, and referred to with any number of other names, including the Chinese Burial Grounds, Chinese Cemetery,and Soldiers and Sailors Cemetery. The County Cemetery connects to Laurel Grove Cemetery and Redmen Cemetery(see descriptions below) on the north and east sides, originally with fences separating them. There is a road running through the cemetery, which appears to have been reconstructed at a recent point in time. According to the only extant map of the cemetery from 1899 and drawn by J. B. Hogg, County Surveyor, specific sections were set aside for the Coast Seaman's Union, Knights of Pythias, British Seamen, Fireman's Union, International Order of Odd Fellow (IOOF), International Order of Good Templars (IOGT), the Chinese and Chinese Americans, and other areas with unspecified graves. The cemetery was used until 1945,and in 1947 the Sailors Union of the Pacific hired the sexton at Laurel Grove to maintain the Seamen's portion. In her memoirs, Dorothy Siebenbaum McLarney wrote that each of the fenced cemeteries, except the"Chinese Burial Grounds,"had large gates to allow a horse and buggy through with a small side gate for those on foot. It has been documented by local historians that the Chinese American section was most commonly used as a holding place and would later be sent back to their homeland, as funds became available from family or community. Mortuary records show that Chinese Americans in the community were being actively buried at the site until 1918. The Chinese American community in Port Townsend held a robust economic presence and were an important cultural contributor to the city, but saw a sharp decline starting with the Chinese Exclusion Act of 1882 and exacerbated by the fire in the Chinese community along Washington Street in 1900, and with the Panic of 1893, which deeply affected much of Port Townsend's population. By the 1920s only three people were buried at this portion of the site. The County Cemetery has now been overgrown for at least 50 years, and is now nearly impenetrable. JCHS County Cemetery Research Proposal September 2021 In a 2020 Brownfield Assessment completed by Maul Foster Alongi, and subcontractor archaeologist Ed Arthur, Arthur stated, "I was able to locate nine complete and partial grave markers (not including a marker that had been removed from a gravesite in the Redmen Cemetery),three potential grave markers (rock piles),two surface depressions, two cobble features, and remnants of an iron fence were identified. Two sections of wire fencing were located, one near 25th Street and the other near the center of the property. Also observed were several pieces and objects of concrete most of which appeared to represent debris from a parcel bordering the property on the north side of Redmen Cemetery.The nine markers, iron fence, and three rock piles were all located within the southern third of the parcel and most appear to likely be associated with the pre-1909 county cemetery. In addition to the previously discovered grave markers for Thomas K. Dykes, d. May 1, 1896 and Kiyomizu Satorou (listed as Shinizu Sataro in JCGS record), d. March 23,1915, markers for Gleason G.Graham, d. June 25, 1899 and an unidentified Japanese individual (marker was face down) were discovered. Translation of the kanji on the sides: "Died on July 26, 1904 at the age of 25" and "Villager of Koizumi Village,Toyota County, Hiroshima Prefecture,Japan". I was not able to find anyone associated with that date of death in the JCGS databases. During background research I came across a report that the County Commissioners ordered the Auditor to "prepare and keep a Book of Record conformable with the requirements of the plat with a view of preserving as complete a history as possible of all persons buried therein" - in the Port Townsend Morning Leader from December 31, 1909 page 2. I was not able to confirm that the record was actually kept." As mentioned above, it is important to note that the County cemetery is directly adjacent to two separate, well-maintained settler cemeteries, Laurel Grove and Redmen Cemetery. Just to the east of the County Cemetery, the Improved Order of Redmen (IORM), a popular fraternal organization of the time, established a cemetery in 1902. When the local Redmen lodge closed in 1933, various people have maintained it over the years with periods of neglect in between, and it is currently unknown to what extent the boundaries between the County Cemetery and Redmen Cemetery have been blurred. Three community members volunteered their efforts to restore the cemetery from the 1960s into the 1970s, and eventually the Redman's Lodge in Tacoma signed over the property to them free and clear. Two of the three still own and maintain the cemetery. The second cemetery, arguably the JCHS County Cemetery Research Proposal September 2021 most prominent in Port Townsend, is Laurel Grove, owned and maintained by Mason's Lodge No. 6. The Mason's have recently restored the cemetery through extensive volunteer efforts,with many prominent City founders, the most notable residents including Chief cicmehan (Chetzemoka) of the S'Klallam people, and Charles Eisenbeis, the first mayor of Port Townsend. In stark difference,the County Cemetery, despite being an equally significant site of memorial and community history, has suffered many years of neglect. We propose that the research and community connections back to this site are needed in order to move forward with purpose at the site. Notably, regional Chinese cemetery scholar Cassie Chin wrote of the site: "In memoriam, we name known Chinese Americans buried here: - Lake Chan (d. April 14,1932) - Ling or Lling Chong (d. April 4,1918) - Hung or Hung Hing Lung or Lom(b. February 21, 1908; d. December 26, 1923) - Ah Moon (d. December 31, 1933) - Ah Sam (d. May 11,1914) - Eugah [Engah] Taw [Tom] (b. May 31,1882; d. October 10,1928] - Ng Ya Tong Ed. December 12,1918] - George Wah [b. November 15,1925; d. May 15,1927] - Harry Wah [b. January 7, 1908; d. October 12, 1926] - Tjen Wah Ed. March 30, 1914] A visit to the Jefferson County Cemetery makes me question how we mark and memorialize individuals and communities long past. Should the cemetery be cleared and restored? Or is it better to lie undisturbed, sheltered under the cover of protective bushes?" These are some of the questions we at JCHS hope to answer through our dedicated research effort over the next two years. Thank you for your consideration of this request to fund our work at the Cemetery. JCHS County Cemetery Research Proposal September 2021 • JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, Interim County Administrator DATE: October 4, 2021 SUBJECT: Request for Board of County Commissioners Approval of a Grant Agreement with the Jefferson County Historical Society to Perform In-depth Research Regarding the County Cemetery Located Adjacent to the Laurel Grove Cemetery in Port Townsend STATEMENT OF ISSUE: The County owns land adjacent to Laurel Grove Cemetery just off Discovery Road between 25th and 27th Streets in Port Townsend that formerly served as a County cemetery. The County obtained a Washington State Department of Commerce grant to perform a Phase One Environmental Site Assessment and Cultural Resources Survey. This was done because then Commissioner David Sullivan thought the site might be suitable for affordable housing. The assessment and survey indicated that there were very likely many gravesites in the cemetery with some having historical significance. This makes the site unsuitable for affordable housing. The Jefferson County Historical Society approached the County to gauge interest in helping fund additional research on the site, which would include the following: • documenting all discovery done to-date on the site, sourcing additional documentation on references to the cemetery in other archives or repositories, including translation of documents if necessary, • locating and connecting with the descendants of families of known persons from the 1985 list and headstones identified by Ed Arthur, • accessing burial and census records throughout the region, • connecting with regional experts on abandoned cemeteries, • working with an AAPI Advisory Council to understand the community's interests in interpretation, • providing reports on findings to the County, • working with the JCHS grants team to source funding for additional work at the cemetery if deemed appropriate by the descendants and the community once thorough research is concluded. The grant proposal was briefed to the Board of County Commissioners in open session on June 14, 2021. At that time the Board expressed support for the grant in the amount of$10,000 and authorized the Interim County Administrator to prepare the grant agreement and submit it to the Board for formal consideration and approval. ANALYSIS: The attached grant agreement funds one full year of the Historical Society's two year research project. The Historical Society will provide the County quarterly reports documented their progress and findings. FISCAL IMPACT: Fiscal impact to the General Fund is $10,000. RECOMMENDATION: That the Board of County Commissioners approve the grant agreement with the Jefferson County Historical. Society for intensive research regarding the County cemetery. REVIEWED BY: 67 /Dpl zi Mark McCau , Interim County A istrator to CONTRACT REVIEW FORM (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jefferson County Historical Society Grant Contract No: JCHS -2021 Contract For: Term: COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385-9130 Contact email: mmccaulevtU co.iefferson.wa.us AMOUNT: $10,000 PROCESS: � Exempt from Bid Process Revenue: $0 Cooperative Purchase Expenditure: $10,000 Competitive Sealed Bid Matching Funds Required: N/A — Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid _ RFP or RFQ Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES CO ANCE W C 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ® N/A: ■ Yyzv / azure Dat STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: © N/A: 1.=...1 7 Z //L1 Si tune Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 9/29/2021. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 9/30/2021. 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 vi con �s Board. of County Commissioners 4,06 �� co jo 7ON �� 1820 Jefferson Street PO Box 1220 cin Port Townsend, WA 98368 4S�IINCs�0 Kate Dean,District 1 Heidi Eisenhour,District 2 Greg Brotherton,District 3 October 11,2021 Jefferson County Historical Society Attn:Shelly Leavens,Executive Director 540 Water Street Port Townsend,WA 98368 Re: AGREEMENT re:Phase One Environmental Site Assessment and Cultural Resources Survey to County Cemetery adjacent to Laurel Grove Cemetery;In the Amount of$10,000;Jefferson County Historical Society Dear Ms. Leavens, Enclosed are two(2)Original Agreements re:AGREEMENT re:Phase One Environmental Site Assessment and Cultural Resources Survey to County Cemetery adjacent to Laurel Grove Cemetery; In the Amount of$10,000;Jefferson County Historical Society Please sign both(2)Originals for each Agreement. Keep one(1)Original of each Agreement for your own records and please return the other signed Original(s)to the following address: Jefferson County Commissioners Office Attn:Julie Shannon PO Box 1220 Port Townsend,WA.98368 When returning the signed Original, please send a copy of your Proof of Insurance as stated in the Agreement. Please contact our office if you have any questions. Thank you, Ju� 194tDr( ie Shannon Executive Secretary II Jefferson County Commissioners Office 36o 385 9100 jshannon@co.jefferson.wa.us jefferson.wa.us Enclosure NPIP Coverage Confirmation The terms, conditions, and exclusions shown here are brief overviews included in, but not limited to, the coverages provided by the Non Profit Insurance Program. The terms and conditions offered may differ from your prior policy and from what you requested in your submission. This document is not intended to be used as a direct reflection of all coverages or to replace or alter the policies in any way. Information represented in this Coverage Confirmation is subject to the exclusions, terms, limitations, and conditions of the policy insuring the Non Profit Insurance Program. All specific coverage, exclusion, and limitation questions should be referred directly to the policies and all attached endorsements. In the event of differences, the policy will prevail. Participating companies are non-admitted, unless otherwise stated. Non-admitted companies are not regulated by the Washington State Insurance Commissioner and are not protected by the Washington State Guaranty Fund. Clear Risk Solutions will process all surplus lines filings on any excess and surplus lines policies, if applicable, on behalf of NPIP. The Policy is subject to audit. Defense costs are outside the limits for nonprofit members and inside the limits for independent schools. For claims made coverages, Extended Reporting Periods are available rpon request(information regarding basic ERPs is available in the policy). Please note the limits shown here represent the combined full limits provided by multiple policies from various carriers. It is the responsibility of the broker to review this document to confirm its accuracy. Notice of Cancellation for Non-Payment We may cancel this policy within 10 days in the event of non-payment of premium. Notice of cancellation will be emailed to the Named Insured's last known email address and will indicate the date on which coverage is terminated. A copy will be emailed to the broker of record on file. Member/Insured: Producer: Jefferson County Historical Society Homer Smith Insurance 540 Water Street Shepherd, Judy Port Townsend, Washington 98368 PO Box 591 804 Water St. Port Townsend, Washington 98368 Policy Term: 06/01/2021 to 06/01/2022 Issue Date: 5/28/2021 Coverage Confirmation Expiration Date: 08/30/2021, at 12:01 a.m. Member Coverage Number: NPIP212247308 Member Since: 9/1/2010 Authorized Signature: 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 1 Coverage#: NPIP212247308 Member: Jefferson County Historical Society Coverage Confirmation PROPERTY COVERAGE PART Item 1. NPIP Retained Limit: Real and Personal Property Each Occurrence $150,000 Coverage Part Item 2. Limit of Insurance: Real and Personal Property Each Occurrence $75,000,000 Per all Members of the GroupCombined Coverage Part Item 3. Sublimit of Insurance: The Sublimits of Insurance shown below are part of and not in addition to the Limit of Insurance shown above for the Real and Personal Property Coverage Part. These sublimits apply excess of the Real and Personal Property Coverage Part Retained Limit shown above. Sublimits applicable in excess of the American Alternative Insurance Corporation policy are per occurrence. Accounts Receivable $100,000 Per Member Additions, Alterations and Repairs N/A Business Income and Extra Expense $250,000 + scheduled per Member Computer Systems $1,000,000 Each Occurrence, Per Member Electronic Data and Media $250,000 Each Occurrence, Per Member Computer Systems and Electronic Data and Media $10,000,000 Annual Group Aggregate Contractors' Equipment $100,000 Per Member Debris Removal Lesser of 20% or $500,000 Per Member Fine Arts $100,000 Per Member Newly Acquired or Constructed Property, Real and $1,000,000 Per Member Personal Property Ordinance or Law Undamaged Portion of Building 100% of value of damaged building Per Property Schedule Increased Costs of Construction Lesser of 25% of value of damaged building or $500,000 Per Member Costs of Demolition Lesser of 25% of value of damaged building or $500,000 Per Member Personal Property in Transit $100,000 Per Member Pollutant Clean Up and Removal $100,000 Annual Group Aggregate Property Off-Premises $250,000 Per Member Valuable Papers and Records including cost of research $100,000 Per Member Personal Property Owned by Employees—Per Employee $5,000 Personal Property Owned by Employees—Each $50,000 Occurrence Personal Property Owned by Employees—Annual Group $250,000 Aggregate Personal Property of Others—Per Person $5,000 Personal Property of Others—Each Occurrence $50,000 Personal Property of Others—Annual Group Aggregate $50,000 Fire Department Service Charge $25,000 Per Member Business Income and Extra Expense for Utility Service $250,000 Per Member Interruption Unnamed Locations $250,000 Per Member Artificial/Paved Surfaces $200,000 Per Member Sewer, Drain or Sump Back-up or Over Flow $25,000 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 2 Item 4. Additional Coverages/Endorsements: Flood -Each Occurrence and Annual Aggregate Per Excluded Member Property located at the time of loss in any flood zone identified by FEMA as Zones A, AO, AH, Al through 30, AE, A99, AR, AR/A1 through 30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1 through 30, VE and V; or hold a similar high risk FEMA rating are excluded. Flood—Group Annual Aggregate $25,000,000 Earthquake—Each Occurrence and Annual Aggregate Per Excluded Member Earthquake—Group Annual Aggregate $25,000,000 Auto Physical Damage (except while in transit) $2,000,000 Auto Physical Damage (while in transit) $300,000 Margin Clause The most we will pay for Ultimate Net Loss in any one occurrence at a premises described in the Property Schedule on file with the Insurer is 125% of the values shown on such schedule on file with the Insurer for Real Property and Personal Property at such described premises. This margin clause does not apply to Increased Cost of Construction or Demolition Costs as provided under the Ordinance or Law Coverage Extension, Debris Removal Coverage Extension, Pollutant Clean Up and Removal and the Fire Department Service Charge Coverage Extension, all subject to the Real and Personal Property Coverage Part Limit of Insurance and other policy terms and conditions. Item 5. Deductibles: The NPIP Program Retention listed above is in addition to the deductibles listed below. Real and Personal Property (except Earthquake, Flood, and Auto Physical Damage for Scheduled Automobiles) Real and Personal Property Each Occurrence See Schedule Miscellaneous Equipment Each Occurrence $500 1. Earthquake: Excluded 2. Flood: Excluded 3. Automobile Physical Damage for Scheduled Automobiles: See Schedule 4. Rental Vehicles: $500 Per Occurrence. 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 3 Coverage #: NPIP212247308 Insured: Jefferson County Historical Society Coverage Confirmation EQUIPMENT BREAKDOWN COVERAGE Item 1. NPIP Retained Limit: Equipment Breakdown Coverage One Accident $50,000 Item 2. Limit of Insurance: Equipment Breakdown Coverage One Accident $75,000,000 Item 3. Sublimits of Insurance: The Sublimits of Insurance shown below are part of and not in addition to the Limit of Insurance shown above for Equipment Breakdown Coverage. These sublimits apply excess of the Equipment Breakdown Coverage Retained Limit shown above. Expediting Expenses Included Hazardous Substances $1,000,000 Spoilage $500,000 Electronic Data Restoration $100,000 Service Interruption $100,000 Business Income Included Extra Expense Combined with Business Income Contingent Business Income $100,000 Property Off Premises $100,000 Extended Period of Restoration: 60 days Newly Acquired Locations Included; 365 days Service Interruption Waiting Period: 24 hours Item 4. Deductibles: Equipment Breakdown Coverage Part $1,000 Each Accident 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 4 Coverage#: NPIP212247308 Insured: Jefferson County Historical Society Coverage Confirmation CRIME COVERAGE PART Item 1. NPIP Retained Limit: Crime Coverage Part Each Occurrence $150,000 Item 2. Limit of Insurance: Crime Coverage Part Each Occurrence/Member Agg $1,000,000 Crime Coverage Part Group Aggregate $5,000,000 Coverage for ERISA Plans is provided within the Crime Coverage Part. Please refer to the policy for all terms, conditions and exclusions related to ERISA coverage. Item 3. Sublimits of Insurance The Sublimits of Insurance shown below are part of and not in addition to the Limit of Insurance shown above for the Crime Coverage Part. These sublimits apply excess of the Crime Coverage Part Retained Limit shown above. Employee Theft-Per Loss Coverage $1,000,000 Employee Theft-Per Employee Coverage Not Applicable Forgery or Alteration $1,000,000 Inside the Premises-Money and Securities $100,000 Inside the Premises—Robbery or Safe Burglary of Other $100,000 Property Outside the Premises-Money and Securities $100,000 Computer Fraud $100,000 Funds Transfer Fraud $100,000 Money Orders Counterfeit Paper Currency $100,000 Item 4. Deductibles: The NPIP Program Retention listed above is in addition to the deductibles listed below. Employee Theft-Per Loss Coverage $500 Each Occurrence Forgery or Alteration $500 Each Occurrence I Inside the Premises-Money and Securities $500 Each Occurrence Inside the Premises—Robbery or Safe Burglary of Other $500 Each Occurrence Property Outside the Premises-Money and Securities $500 Each Occurrence Computer Fraud $500 Each Occurrence Funds Transfer Fraud $500 Each Occurrence Money Orders Counterfeit Paper Currency $500 Each Occurrence 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 5 • Coverage#: NPIP212247308 Insured: Jefferson County Historical Society Coverage Confirmation GENERAL LIABILITY AND AUTOMOBILE LIABILITY COVERAGE PARTS Item 1. NPIP Retained Limit: General Liability Coverage Part Each Occurrence $150,000 Automobile Liability Coverage Part Each Accident $150,000 Item 2. Limit of Insurance General Liability Coverage Part Each Occurrence Per Member $5,000,000 General Liability Coverage Part Member Aggregate $10,000,000 Group Aggregate $50,000,000 Automobile Liability Coverage Part Each Accident Per Member $5,000,000 Automobile Liability Coverage Part Group Aggregate N/A Item 3. Sublimits of Insurance and Additional Coverages/Endorsements: The Sublimits of Insurance shown below are part of and not in addition to the Limit of Insurance shown above for the General Liability and Automobile Liability Coverage Parts. These sublimits apply excess of the General Liability and Automobile Liability Coverage Part Retained Limits shown above. General Liability Fire Legal Liability $1,000,000 Each Occurrence Per Member Damage to Leased or Rental Premises $250,000 Each Occurrence Per Member Employee Benefits Liability (Claims-Made Form) $5,000,000 Each Claim Per Member Employee Benefits Liability (Claims-Made Form) $5,000,000 Member Aggregate Employer's Liability $1,000,000 Each Occurrence Per Member Employer's Liability $10,000,000 Member Aggregate $10,000,000 Group Aggregate Sexual Abuse(Claims Made Form) $2,000,000 Each Claims Made Per Member Sexual Abuse (Claims Made Form) $4,000,000 Member Aggregate l $20,000,000 Group Aggregate Failure to Supply $250,000 Each Occurrence Per Member Garage Liability $1,000,000 Each Accident Per Member Medical Expenses—Each Person (Excludes $5,000 Students) Medical Expenses—Each Accident $25,000 Traumatic Event Response Coverage: Crisis Expense Sublimit $100,000 Crisis Property Improvements Sublimit Included in Crisis Expense Sublimit Traumatic Event Response Group Aggregate $250,000 Automobile Liability Auto UM/UIM $1,000,000 Garagekeepers Liability $1,000,000 Each Accident Per Member Hired Physical Damage $250,000 Each Accident Per Member Automobile Medical Expenses—Each Person $5,000 (Excludes Students) Automobile Medical Expenses—Each Accident $25,000 Item 4. Retroactive Dates: 9/1/2010 Employee Benefits Liability—Primary $5,000,000 Sexual Abuse Liability—Primary $2,000,000 9/1/2010 Item 5. Deductibles: General Liability $0 Per Occurrence Automobile Liability See Schedule Each Accident 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 6 Coverage#: NPIP212247308 Insured: Jefferson County Historical Society Coverage Confirmation WRONGFUL ACTS LIABILITY COVERAGE PART Item 1. NPIP Retained Limit: Wrongful Act Liability Coverage Part Each Wrongful Act $150,000 Miscellaneous Professional Liability Coverage Part Each Wrongful Act $150,000 Item 2. Limit of Insurance: Claims-Made Form Wrongful Act Liability Coverage Part Each Wrongful Act Per Member $5,000,000 (Includes Directors &Officers) Wrongful Act Liability Coverage Part Member Aggregate $5,000,000 (Includes Directors &Officers) Group Aggregate $40,000,000 Miscellaneous Professional Liability Each Wrongful Act Per Member $5,000,000 Coverage Part Miscellaneous Professional Liability Member Aggregate $5,000,000 Coverage Part Group Aggregate $40,000,000 Item 3. Sublimits of Insurance and Additional Coverages/Endorsements: The Sublimits of Insurance shown below are part of and not in addition to the Limit of Insurance shown above for the Wrongful Act Liability Coverage Part. These sublimits apply excess of the Wrongful Act Liability Coverage Part Retained Limits shown above. Fiduciary Liability $5,000,000 Each Wrongful Act and Member Aggregate Sexual Harassment $5,000,000 Each Wrongful Act and Member Aggregate Item 4. Retroactive Dates: Wrongful Acts Liability—Primary $5,000,000 6/1/1986 Miscellaneous Professional Liability—Primary $5,000,000 9/1/2010 Sexual Harassment—Primary $5,000,000 9/1/2010 Fiduciary Liability—Primary $5,000,000 6/1/1986 Item 5. Deductibles: Wrongful Acts: $1,000 Each Wrongful Act Miscellaneous Professional: $1,000 Each Wrongful Act 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 7 Coverage#: NPIP212247308 Insured: Jefferson County Historical Society Coverage Confirmation PRIVACY, SECURITY AND TECHNOLOGY COVERAGE Item 1. NPIP Retained Limit: $100,000 Item 2. Deductible: All Coverages $2,500 per Claim Except Loss of Business Income 12 Hours waiting period Item 3. Limit of Insurance: Member Annual Policy Aggregate $1,000,000 Group Combined Policy Aggregate $10,000,000 Item 4. Sublimits of Coverage: The Sublimits of Coverage shown below do not increase the overall Limits listed above. a. Media Liability Per Claim and Aggregate $1,000,000 b. Privacy and Cyber Liability Per Claim and Aggregate $1,000,000 c. Privacy Regulatory Defense. Awards and Fines Per Claim and Aggregate $1,000,000 d. Payment Card Industry Data Security Standard Fines Per Claim and Aggregate $250,000 and Costs e. Business Interruption and Extra Expense Each Occurrence and Aggregate $250,000 f. Business Interruption System Failure Each Occurrence and Aggregate $250,000 g. Dependent Business Interruption Each Occurrence and Aggregate $250,000 h. Dependent Business Interruption System Failure Each Occurrence and Aggregate $250,000 i. Data Recovery Each Occurrence and Aggregate $250,000 j. Cyber Extortion and Ransomware Each Occurrence and Aggregate $250,000 k. Data Breach Response & Crisis Management Each Occurrence and Aggregate $250,000 I. Cyber Crime Each Occurrence and Group $250,000 Aggregate m. Utility Fraud Each Occurrence and Group $100,000 Aggregate n. Voluntary Shutdown Each Occurrence and Aggregate $250,000 o. Consequential Reputation Loss Endorsement Each Occurrence and Aggregate $250,000 Item 5. Retro Active Date: (Coverages a., b., c., and d. above) Full Prior Acts 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 8 PARTICIPATING CARRIERS THE FOLLOWING CARRIERS PARTICIPATE IN THE DESIGNATED PORTIONS OF THE POLICY (SUBJECT TO CHANGE PRIOR TO JUNE 1, 2021): PROPERTY COVERAGE: (Limits listed below reflect the carrier's respective participation in the Combined Group Limit, per Occurrence) American Alternative Insurance Corporation, a A+XV(Admitted) Primary$10M member of Munich-American Holding Corporation Axis Surplus Insurance Company A XV(Non-Admitted) Part of$65M excess $10M (Admitted)RSUI Indemnity Company A+ Admitted XIV Part of$65M excess$10M Arch Specialty Insurance Company A+XV(Non-Admitted) Part of$65M excess $10M Independent Specialty Insurance Company A X (Non-Admitted) Part of$65M excess $10M Interstate Fire & Casualty Company A+XV(Non-Admitted) Part of$65M excess$10M Certain UW Lloyds A XV(Non-Admitted) Part of$65M excess$10M Certain UW Lloyds, London Syndicate 2357 A XV(Non-Admitted) Part of$65M excess $10M EARTHQUAKE COVERAGE: (Limits listed below reflect the carrier's respective participation in the Combined Group Aggregate Limit) Munich Earthquake Tower Option: $25,000,000 Combined Group Aggregate American Alternative Insurance Corporation, a A+XV(Admitted) Primary$10M member of Munich-American Holding Corporation Axis Surplus Insurance Company A XV (Non-Admitted) Part of$15M excess$10M (Admitted)RSUI Indemnity Company A+ Admitted XIV Part of$15M excess$10M Arch Specialty Insurance Company A+XV(Non-Admitted) Part of$15M excess $10M Independent Specialty Insurance Company A X(Non-Admitted) Part of$15M excess$10M Interstate Fire& Casualty Company A+XV(Non-Admitted) Part of$15M excess$10M Certain UW Lloyds A XV(Non-Admitted) Part of$15M excess $10M _ of Certain UW Lloyds, London Syndicate 2357 A XV(Non Admitted) Part $15M excess$10M Peachtree Earthquake Tower Option: $25000,000 Combined Group Aggregate Landmark American Insurance Company A+XIV (Non-Admitted) Part of$25M Arch Specialty Insurance Company A+XV(Non-Admitted) Part of$25M EQUIPMENT BREAKDOWN COVERAGE: (Limits listed below reflect the carrier's respective participation in the Combined Group Limit, per Occurrence) American Alternative Insurance Corporation, a A+XV(Admitted) Primary $10M member of Munich-American Holding Corporation Axis Surplus Insurance Company A XV (Non-Admitted) Part of$65M excess$10M (Admitted)RSUI Indemnity Company A+ Admitted XIV Part of$65M excess$10M Arch Specialty Insurance Company A+XV(Non-Admitted) Part of$65M excess $10M Independent Specialty Insurance Company A X(Non-Admitted) Part of$65M excess$10M Interstate Fire&Casualty Company A+XV(Non-Admitted) Part of$65M excess$10M Certain UW Lloyds A XV(Non-Admitted) Part of$65M excess$10M Certain UW Lloyds, London Syndicate 2357 A XV(Non-Admitted) Part of$65M excess $10M CRIME COVERAGE: American Alternative Insurance Corporation, a A+XV(Admitted) $5M Combined Group Aggregate member of Munich-American Holding Corporation GENERAL LIABILITY COVERAGE: American Alternative Insurance Corporation, a A+XV(Admitted) $50M Combined Group member of Munich-American Holding Aggregate Corporation 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 9 r AUTO LIABILITY COVERAGE: American Alternative Insurance Corporation, a member of Munich-American A+XV(Admitted) Holding Corporation WRONGFUL ACTS LIABILITY COVERAGE: Princeton Excess& Surplus Lines Ins Co, a A+XV(Non-Admitted) $40M Combined Group member of Munich-American Holding Aggregate Corporation MISCELLANEOUS PROFESSIONAL LIABILITY COVERAGE: Princeton Excess&Surplus Lines Ins Co, a A+XV(Non-Admitted) $40M Combined Group member of Munich-American Holding Aggregate Corporation THE CARRIERS BELOW PROVIDE COVERAGE FOR THE FOLLOWING LINES OF BUSINESS ON A SEPARATE MASTER POLICY: PRIVACY, SECURITY AND TECHNOLOGY: (Limits listed below reflect the carrier's respective participation in the Combined Group Aggregate Limit) Indian Harbor Insurance Company A+XV(Non-Admitted) Primary$5M Crum & Forster Specialty Insurance Company A XIV (Non-Admitted) $5M excess$5M 5/28/2021 NPIP 2021-2022 Coverage Confirmation Page 10