HomeMy WebLinkAboutCorps of Engineers-USA and Jefferson County AGREEMENT BETWEEN
_ THE UNITED STATES OF AMERICA rrps
AND
JEFFERSON COUNTY, WASHINGTON
- HOH RIVER, WASHINGTON
THIS AGREEMENT, ENTERED INTO THIS 6th day of March
1978, by and between the UNITED. STATES OF AMERICA (hereinafter called the
"Government") , represented by the Contracting Officer executing this agree-
ment, and JEFFERSON COUNTY, WASHINGTON (hereinafter called the "County") ,
WITNESSETH THAT:
•
WHEREAS, construction of the Hoh River Bank Protection (hereinafter
called the "Project") is authorized by Section 14 of the Flood Control Act
of 1946, as amended (Public Law 526, 79th Congress) , and will be con-
structed substantially as shown on Drawing (Hoh River Rip-Rap) (Exhibit "A"),
attached hereto and made a part hereof; and
WHEREAS, the County hereby represents that it has the authority and
capability to furnish the non-Federal cooperation required by the Federal
legislation authorizing the Project 'and by other applicable law.
NOW, THEREFORE, the parties agree as follows:
1. The County agrees that, if the Government shall commence construction of
the Hoh River Bank Protection Project substantially in accordance with
Federal Legislation authorizing such Project, Section 14 of Public Law 526,
79th Congress, the County shall, in consideration of the Government com-
mencing construction of such Project, fulfill the requirements of non-
Federal cooperation specified in such legislation, to wit:
a. Furnish without cost to the United States, all lands, easements
vet 4 ME C() 454
and rights-of way necessary for construction of the Project and subsequent
maintenance; and _
b. Accomplish without cost to the United States, all necessary re-
locations and alterations of buildings and utilities, highway and highway
bridges, sewers, related and specialfacilities; and
c. Hold and save the United States free from damages due to the
construction and subsequent maintenance of the Project, except for damages
due to the fault or negligence of the United States or its contractors; and
d. Maintain and operate the Project works after completion without
cost to the United States in accordance with regulations prescribed by the
Secretary of the Army; and
e. Prevent future encroachment which might interfere with the proper
functioning of the Project for bank protection; and
f. Assume full responsibility for all project costs in excess of
Federal cost limitation of Two Hundred and Fifty Thousand Dollars, as pro-
vided in Section 27 of Public Law 93-251, approved 7 March 1974.
2. The County further agrees to;
a. Comply with the Department of Defense Directive under Title VI of
the Civil Rights Act of 1964 (PL 88-352) (78 Stat. 241) and all require-
ments imposed by or pursuant to the Directive (32 CFR Part 300, issued as
Department of Defense Directive 5500.11, December 28, 1964) to the end that
no person in the United States shall, on the grounds of race, color, re-
ligion, sex or national origin be excluded from participation in, be denied
the benefit of, or be otherwise subjected to discrimination under any pro-
gram or activity for which the County receives Federal financial assistance
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from the Corps of Engineers, Department of the Army, in connection with
this project. Also non-discrimination because of age at least 40 but less
than 65 years of age.
b. Comply with Sections 210 and 305 of Public Law 91-646, approved
2 January 1971, entitled the "Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970."
3. The County hereby gives the Government a right to enter, at reasonable
times and in a reasonable manner, upon land which the County owns or con-
trols, for access to the Project for the purpose of inspection, and the
purpose of completing, operating, repairing and maintaining the Project,
if such inspection shows that the County for any reason is failing to par-
ticipate in the Project in accordance with the assurances hereunder and
has persisted in such failure after a reasonable notice in writing by the
Government delivered to Board of County Commissioners, Jefferson County
Courthouse, Port Townsend, Washington.
No completion, operation, repair and maintenance by the Government in such
event shall operate to relieve the County of responsibility to meet its
obligations as set forth in paragraph 1 of the Agreement or to preclude the
Government from pursuing any other remedy at law or equity.
4. This agreement is subject to the approval of the Secretary of the Army.
IN WITNESS WHEREOF, the parties hereto have executed this con
tract as
of the day and year first above
written.
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VOL 4ilt,tr fl 456
The foregoing agreement has been reviewed as to form and substance;,
consideration has been given to the effect of Section 221 of the Flood
Control Act of 1970; the obligation of continued performance is not con—
tingent upon any post--commencement act of the sponsoring agency;- and the
said Agreement is hereby approved.
Date: Ifi_nal,
torney for Jefferson County
THE UNITED STATES OF AMERICA JEFFERSON COUNTY, WASHINGTON
Colonel, Coprs of Engineers Board of County Commissioners
Contracting Officer
District Engineer, Seattle
r, f/
li1 �
Date: Date: Thi .� I
APPROVED:
By:
FOR THE SECRETARY OF THE ARMY
VOL IttE 457
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CERTIFICATE OF AUTHORITY
William E. Howard do hereby
certify that I am the Prosecuting Attorney for Jefferson County, Washington,
and that the County is a lagally constututed public body with full authority
and capability to perform the terms of the agreement between the United
States of America and Jefferson County, Washington, in connection with Bank
Protection on the Hoh River, Washington, and to pay damages, if necessary,
in the event of failure to perform in accordance with Section 221 of Public
Law 91-611 and that the person(s) who have executed the contract on behalf
of Jefferson County, Washington, have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this Certificate this
day of tteiiret , 1978.
:SR e7 . Alm-)
Pro ecuting Attorney for Jefferson ty
in, Hrt: 458