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Home My WebLink AboutCount Me In Quilcene Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator AlMonte Reinders, Public Works Director/County Engineer 1�1 Agenda Date: February 13, 2023 JJJ ��, Subject: Grant of License to Count Me In for Quilcene for Use of County Property for Kiosk Statement of Issue: Public Works requests approval of the attached License to Count Me In for Quilcene, a nonprofit corporation, to use a portion of County-owned tax parcel #991-201-101. Count Me In for Quilcene intends to use a small portion of the County property (20'x35' License Area) to site a kiosk containing historical, cultural and environmental information along the Quilcene History and Culture Trail. The term of the License is from execution of the License until 60 days written termination notice issued by either party. Analysis/Strategic Goals/Pro's £t Con's: The License provides support to Count Me In for Quilcene to satisfy the terms of an AARP grant for the Quilcene History and Culture Trail. The County previously issued a letter of support for that project and this License further supports the project goals of community engagement and improvement of quality of life in the Quilcene community. Fiscal Impact/Cost Benefit Analysis: The License does not require Count Me In for Quilcene to pay any compensation for use of the County property. The License requires the organization to indemnify and hold harmless the County for any claims, damage or injuries resulting from its use of the Property. The License also requires the organization to maintain the site and remove and restore the property upon termination of the License. Recommendation: The Board is requested to sign the attached License and return it to Public Works for further processing. Department Contact: Colette Kostelec, P.E., Right-of-Way Representative, 385-9218. Reviewe y: Z6".4 - Mark McCaule ounty Administrator Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Count Me In for Quilcene Contract No: & 'gOo Contract For: License to Use County Property Term: License execution until 60 days written notice by either party COUNTY DEPARTMENT: Public Works Contact Person: Colette Kostelec Contact Phone: 360-385-9218 Contact email: ckostelec(cDco.jefferson.wa.us AMOUNT: $o PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund # RFP or RFQ Munis Org/Obj 7 Other: request from Licensee APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:❑ C - Il�� l t e l L-Z' Signature Date 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: F I J I S 1 Z.3 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): i Electronically approved by Risk Management on 1/31/2023. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 2/1/2023. 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 Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Grantor: Jefferson County, a political subdivision of the State of Washington Grantee: Count Me In for Quilcene, a Washington Nonprofit Corporation Legal Description: Quilcene Blk 11 Lots 1,2, 3 Assessor's Tax Parcel ID Number: 991-201-101 GRANTOR,Jefferson County, a Washington municipal corporation, to promote community engagement and improve the quality of life in the community of Quilcene, and for no monetary consideration, does hereby grant and convey to GRANTEE, Count Me In for Quilcene, a Washington Nonprofit Corporation, a license over, across and upon the real property legally described as Lots 1 through 3, inclusive, Block 11 of the Original Townsite of Quilcene, as per plat recorded in Volume 2 of Plats on page 33, records of Jefferson County; situate in the County of Jefferson, State of Washington (the Property) and, in particular, the 20-foot by 35-foot area shown on Exhibit A attached hereto and by this reference made a part hereof(License Area); subject to the following terms and conditions: 1. Use of License Area for Kiosk: No Representations or Warranties. The License Area may be accessed and used by Grantee for siting and maintenance of a kiosk to highlight cultural, environmental and historical elements along the Quilcene History and Culture Trail. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 2. Grantee to Acquire An Required Permits. Grant of this License does not satisfy or guarantee approval of any permits which may be required under Jefferson County Code. It is Grantee's responsibility to acquire all required permits for work on the Property. 3. Ownership of Kiosk: Removal at End of License Term. During the term of this License, Grantee shall retain ownership of the kiosk. Ownership shall not be transferred or assigned without the written permission of Grantor. At the end of the term of this License, Grantee shall remove all improvements installed by Grantee and shall repair any damage resulting from Grantee's use of the Property. Page 1 of 6 4. No Dumping; Maintenance of the Property. Grantee shall not deposit, or allow to be deposited, any waste material on the Property and shall be responsible for regular monitoring and maintenance of the License Area including, but not limited to, removal of all trash. Grantee shall immediately notify Grantor in the event of any vandalism of Grantee's improvements on the Property. 5. Term of this License. The term of this License commences upon execution of this License and terminates upon sixty(60)days written notice by either party. 6. Shared Use of the Property. During the License term, Grantee shall ensure that the Property (excluding the License Area) remain accessible for use by the Grantor for County purposes. With the exception of the License Area, the Property is not intended for use by the Public. 7. Indemnification. Grantee shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any claims, injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages occurs arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the County, its officers, officials, employees, agents and volunteers (and their marital communities) the Grantee's liability, including the duty and cost to defend, shall be only for the Grantee's negligence. It is further specifically understood that the indemnification provided constitutes the Grantee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.This section shall survive the expiration or termination of this Agreement. 8. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Name: Colette Kostelec Telephone: (360) 385-9218 (direct office line); (360) 302-0028 (cell) Email: ckosteleckco.iefferson.wa.us 9. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Name: President of Count Me In for Quilcene, currently Linda Herzog Telephone: (206) 794-9449 Email: linda.herzog2(i�gMail.com Page 2 of 6 10. Covenants. Grantor covenants that it is the lawful owner of the above-described Property and has authority to convey such License and Grantee covenants that the person signing this License on behalf of Grantee is fully authorized to do so. THIS LICENSE requires the signature of all parties and shall be considered to have been executed as of the date of the last signature below. [Signatures on following pages] Page 3 of 6 Approved this of , 2023 by the Jefferson County Board of County Commissioners. GRANTOR: Jefferson County Approved as to form only: Board of County Commissioners Jefferson County, Washington By: By: C February 1, 2023 Greg Brotherton, Chair Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney State of Washington County of Jefferson This record was acknowledged before me on by Greg Brotherton as the Chair of the Jefferson County Board of County Commissioners. Notary Public in and for the State of Washington. My Commission Expires Page 4 of 6 GRANTEE: Count Me In for Quilccnc By: lnda Herzo ,4?iesi6int State of Washington County of Jefferson This record was acknowledged before me on �2 I��w �, Lo Z , by Linda Herzog as the President of Count Me In for Quilcene. Notary Public in and for the State of Washington. COLETTE KOSTELEC My Commission Expires °I 12Z. I zo 2-3 Notary Public State of Washington Commission# 180599 My Comm. Expires Sep 26, 2023 Page 5 of 6 EXHIBIT A LICENSE AREA } Page 6 of 6