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HomeMy WebLinkAboutCONSENT License Jamestown S'Klallam Tribe JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator DATE: March 10, 2025 Grant of License to Jamestown S'Klallam Tribe JST for Temporary Use of County Property: Assessor's Tax Parcels 991200401, 991200407, and 991200505 STATEMENT OF ISSUE: Staff requests approval of the attached License to the Jamestown S'Klallam Tribe for temporary use of the subject properties for storage of logs to be used in support of their Big Quilcene Floodplain Project. ANALYSIS: The License will help the Tribe and the Tribe's contractor during its Big Quilcene Floodplain Project which is part and parcel of the Big Quilcene River Bridge Project. The County is not using any of the three subject parcels so there will be no impact to County operations. FISCAL IMPACT: None. RECOMMENDATION: That the Board approve the attached License. / ...1/1/2 Mark McCa 1 County Administrat4 Date CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Lcense w Jamestown S'Klallam Tnbe Contract No: JST Quilcene Floodplain Contract For: Use of county property for log storage rem: Through July 1, 2026 COUNTY DEPARTMENT: County Administrator Contact Person: Mark McCauley Contact Phone: 360-385.9130 Contact email: mmccauley@co.jefferson.wa us AMOUNT: N/A 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 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COM ANCE WI H C 3.55. 0 AND CHAPTER 4 23 RCW. El CERTIFIED: ElN/A: �� S Si ature ate STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. ✓ CERTIFIED: t l N/A: • • a `lure Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): s I t l'4: PROSECUTING ATTORNEY REVIEW t•%ill be added electronically through Laserfiche): Electronically approved by Risk Management on 3/5/2025. 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. Electronically approved as to form by PAO on 3/5/2025. Previously reviewed by PAO. Return to: Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 Document Title: License for Use of County Property Identified by Assessor's Tax Parcel ID Numbers 991200401,991200407 and 991200505 Grantor: Jefferson County,a political subdivision of the State of Washington Grantee: Jamestown S'Klallam Tribe,and their Contractor(s)for the Floodplain Phase Properties: 991200401 (approximately 0.38-acre vacant lot at the corner of Rodgers Street and Fremont Avenue,Quilcene, WA); 991200407 (approximately 0.89-acre vacant lot off Rodgers Street, Quilcene, WA)and, 991200505 (approximately 0.52-acre vacant lot off Fremont Avenue, Quilcene,WA) GRANTOR, Jefferson County, a Washington municipal corporation, for valuable consideration, does hereby grant and convey to GRANTEE, Jamestown S'Klallam Tribe JST , a license over, across and upon the Properties described above and depicted in Exhibit A for the purpose of log storage for Grantee's Big Quilcene River Floodplain Phase, subject to the following terms and conditions: 1. Use of Properties for Construction Staging. The Properties may be accessed and used by Grantee for log storage for Grantee's Big Quilcene River Floodplain Phase. 2. No Representations or Warranties. Grantor makes no representations or warranties as to the condition of the Property or its suitability for Grantee's permitted uses. 3. No Dumping; Required Site Restoration. Grantee shall not deposit,or allow to be deposited,any waste material or hazardous substances on the Properties and,prior to the termination date of this License,shall remove all personal property and repair any damage caused by Grantee's use of the Property. 4. Term of this License. The term of this License conunences upon execution of this License and ends on July 1, 2026, 5. 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 Page 1 of 5 suits, including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Grantee in performance of this License, except for injuries and damages caused by the sole negligence of the County.If it is determined by a a court of competent jurisdiction or by a mutually • agreed arbitration proceeding that this License 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. Consistent with applicable law and statutes of limitations, this Section 5 survives the expiration of this Agreement with respect to actions which have occurred prior to termination of this Agreement only. The County and JST enter into a limited mutual waiver of their respective sovereign immunities for the sole and limited purposes of enforcing the indemnity in this Section 5 and for no other purpose. 6. Excise Tax. Leasehold excise tax,if applicable, shall be paid by Grantee at the time of payment of the consideration identified above. 7. Grantor's Contact. The contact person and contact information for Grantor during the term of this License shall be: Chair, Board of County Commissioners Box 1220 Port Townsend, WA 93868 Telephone: (360) 385-9210 Email: mthurston@cojefferson.wa.us jefferson.wa.us 8. Grantee's Contact. The contact person and contact information for Grantee during the term of this License shall be: Randy Johnson Habitat Program Manager Jamestown S'Klallam Tribe 1033 Old Blyn Hwy,Sequim, WA 98382 Phone: (360)460-2309 Email: i johnson c7jamestowntribe.org 9. 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. Page 2 of 5 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. Approved this day of by the Jefferson County Board of County Commissioners. GRANTOR: Jefferson County Board of Commissioners Jefferson County, Washington By: Heidi Eisenhour, Chair Approved as to form only; C March 5,2025 Philip C. Hunsucker Date State of Washington County of Jefferson This record was acknowledged before me on the on the day of March, 2025 by Heidi Eisenhour as the Chair of the Jefferson County Board of Commissioners. Notary Public in and for the State of Washington. My Commission Expires Page 3 of 5 Grantee: Jamestown S'Klallam Tribe for use by its contractors for the Floodplain Phase By: . Ron Alle ,Triba Council Chairman This record was acknowledged before me on the on the 3- day of March, 2025 by the above-named person on behalf of Jamestown S'Klallam Tribe. 7 o NOTARY - = o PUBLIC Notary Public in and for the State o Washington. � ��'2,,•' My Commission Expires I COS-f t� ',9�F''.Fo/9......O„` �F WASHY ��. Page 4 of 5 Exhibit A 99aoo2o2 :,t = 1 I I B�•200701 �o� i� K.t 1 _ �. > _ 7rj;e 7 0224 0 089 t �• 9a 0 •03 y ti 1 ,9 ,, f 001 o2 No 937200807. 4 „ h o 70224100 '0304 I999600302 } ~-'° ' u. �. +fin,,. �::I.4 .1 - • 991200401 $ ,,. y l"� 9912C 0501. Ik t, • 2 2 991100404. 991200507' ^' II210 N / ry __. 991100407 `` ,: I m n 1 cc 702243019 a 99120°3°1 991200302 991200001 R N 991100005 _ 99120 g . !., _ -" 991200809 991200607 8 99 8 991700303vl 0 . - 8 Page 5 of 5 Exhibit A .,. "A+ 3, —""- . Y 1�... 4 R,,7 t. it 4i. imain. 'rIV,ift,:: x< x ,.. It , • , ,i,„ 444 k -74,- ., „„,,ir 44i._t .2D, �, , `-r !�le' ,i ,, 1��a,1.J.,' �r� Z vi) ;,, w {+ e ; 99t]00401 D.:o" g I � L. -vr`- ' z. .+r f. 1 1 i 70220017 ._I_.T 4„ a. 34 a � q l r`* 4. F , o itii9si2oosos .q, / - ) 99 120 0 4 0 7 aa'*' ,h.. .,4 f1Y s,: t 4 r . x 9 702243019 T a e u j+99110 W 02. 1 n - 9 91200 60 5 .. -t M17' • 991200601 '+! e a r.,�. A `$ri. 991200609 991200807 8 Page 5 of 5