The URL can be used to link to this page

Home My WebLink AboutCONSENT Jamestown Sklallam Tribe use of property CONSENT AGENDA JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Mark McCauley, County Administrator DATE: April 14,2025 SUBJECT: AGREEMENT re: License to Jamestown S'Klallam Tribe (JST)for Temporary Use of County Property STATEMENT OF ISSUE: Staff requests approval of the attached License to the Jamestown S'Klallam Tribe for temporary use of the subject county properties to support of their Big Quilcene Floodplain Project. ANALYSIS: The License will help the Tribe and the Tribe's contractor during its Floodplain Phase of the Big Quilcene River Bridge and Floodplain Project. The County has supported floodplain control and Salmon enhancement on the Big Quilcene River for many years, partnering with the Tribe,the Hood Canal Salmon Enhancement Group and others. Approving this License will allow for an on-time start to the to the Floodplain Phase The County obtained all of the subject parcels for flood control and is not using any of them for another purpose, so there will be no impact to County operations. FISCAL IMPACT: There is no fiscal impact at this time. RECOMMENDATION: Approve the attached Amended License. REVIEWED BY: �ZS' Mark McCaud7y, County Administrato Date 1 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Jamestown S'Klallam Tribe Contract No: PAO-013 Contract For: License to Support Floodplain Project Term: Until July 1, 2026 COUNTY DEPARTMENT: BocC Contact Person: Philip Hunsucker Contact Phone: 360-385-9219 Contact email: phnusucker(d co jefferson wa us AMOUNT: None PROCESS: Exempt from Bid Process Revenue: $0 Cooperative Purchase Expenditure: so Competitive Sealed Bid Matching Funds Required: so Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund # N/A RFP or RFQ Munis Org/Obj N/A Other: License for Use of Property APPROVAL STEPS: STEP l: DEPARTMENT CERTIFIES COMPLIAN E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: N/A:a April 18, 2025 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: F N/A: April 18, 2025 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/18/2025. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/18/2025. Drafted by PAO. 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 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 Contractors for the Floodplain Phase Properties and See Exhibit A for details. Purposes: 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 Stseine. The Properties may be accessed and used by Grantee 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 Dumpinj4; 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 shall commence upon execution of this License and ends on July 1, 2026. The license for log storage approve by the Jefferson County Board of Commissioners on March 10,2025 shall terminate upon the effective date and shall be replaced by this License. 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 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 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. Page 1 of 7 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:mthurstonAco.iefferson.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: riohnson(a-)iamestowntribe.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. 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 ARE ON THE FOLLOWING PAGES) Page 2 of 7 Approved this day of April 2025 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: 0. C April 18,2025 Philip C. Hunsucker Date State of Washington County of Jefferson This record was acknowledged before me on the on this 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 7 Grantee: Jamestown S'Klallam Tribe for use by its contractors for the Floodplain Phase By: W. Ron Allen,Tribal Council Chairman This record was acknowledged before me on the on this day of April,2025 by W. Ron Allen, Tribal Council Chair on behalf of Jamestown S'Klallam Tribe. Notary Public in and for the State of Washington. My Commission Expires Page 4 of 7 Exhibit A—Properties and Purposes Properties for use 991200401 (approximately 0.38-acre vacant lot at the corner of Rodgers Street for log storage in and Fremont Avenue,Quilcene,WA); 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) A diagram showing these properties is attached as Exhibit B. Properties to 000000250(approximately 1-acre north of the eastern end of Muncie Ave, construct a private Quilcene,WA); road and bridge to 991201403(approximately 0.7-acres north of the eastern end of Muncie Ave, the Bonneville Quilcene,WA); Power 991201402(approximately 0.9-acres adjacent to the eastern end of Fremont Administration's Ave,Quilcene,WA); Fairmont No.2 991201202(approximately 2-acres adjacent to Fremont Ave,Quilcene,WA); Substation 000000230(approximately 1.8-acres at Fremont Ave,Quilcene,WA); (including and, excavation)and 991201302(approximately 2.0-acres adjacent to the eastern end of Fremont create a 0.4-acre Ave,Quilcene,WA), staging area in Quilcene,WA: A diagram showing these properties is attached as Exhibit C. Page 5 of 7 Exhibit B 074. IL � c AM A � ., !ma`s.► #.. ` Page 6 of 7 ' 70 241003 991201301 99 12 013 03 Fremont Ave 000000230 � ' Q 000000250 � c 91201002 0 9912015 F N 99120 � 99120100 � 991201508 Muncie Ave Page 7 of