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JEFFERsON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
Philip Morley, County AdminiMtrator
FROM:
Eve Dixon (Noxious Weed Control)
August lStl12011
DATE:
RE:
Contraet with Rayonier Forest Resources to allow access for
knotweed survey and treatment
STATEMENT OF ISSUE: The QuinauIt Indian Nation has a grant from the EPA to survey
llI1d treat invasive knotweed in the Queets llI1d Clearwater watersheds in the west end of
Jefferson County. The Quinaults are contracting with the Jefferson County Weed Board to
solicit agreements or contracts with landowners, allowing entry onto their land for knotweed
survey and treatment
ANALYSIS: Knotweed is an extremely invasive plant which is taking over stream and river
banks. It displaces native vegetation, disrupts ecological processes and CllI1 degrade habitat for
threatened salmon species. It can also damage structures and reduce property vales. Finding
and controlling knotweed benefits the entire community.
FISCAL IMPACT: This project will provide employment for at least six people in the west
end of Jefferson County.
RECOMMENDATION: Approve this contract so that work can proceed.
DEPARTMENT CONTACT: Eve Dixon. 360-379-5610ext 205.
edixon@.co.jefferson.waus
REVIEWED BY:
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Date .
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Docf#12792
SPECiAl USE PERMIT
NT-11-<101-14
ThIs Permit Is made this 2"fh day of June. 2011. betWeen RAYONIER FOREST RESOURCES.
L.P., a Delawarellrnlted parble18hlp, authori'2l9d to do business In the State of Washington wtlh a local
business addretJS of3033Ingram Street, Hoqulam, Washington 98550 ("RFR") and JEFFERSON
COUNTY NOXIOUS WEED CONTROL BOARD. wtlh a local address of 201 West Petison Street,
Port Hadlock, Washington 98339 ("PERMITTEE").
In consideration of the payments to be made by PERMITTEE to RFR and the mutual promtses and
conditions herein. the parties &gee as follows:
1. Purnose. RFR grants PERMITTEE non-excluslve permIasIQn to enter RFR's properly shown on
Exhibits "A" and "8" In portions of Jefferson and Grays Harbor CountIes, WashIngton which Is
attached herato and Incorpof'!lted heraln by referenoe, for the pul'pOSe of SUl'VllY and spot or
spray stem Inject to knotweed.
3. Imm. ThIs Pennlt shaD be effective upon signing by both partles and shall expire December 31.
2013. unless tenninated earlier es provided hereIn.
4. SoecJal Conditions.
a) PERMITTEE shaH remove aD garbage, including petroleum products, created as a result of
PERMII I t:t:'S operations. ~e shaD not accumulate on site unless It Is In a ~h barrel,
nor shall garbage be buried In slash or In the !;Jround. In addition to the cost of removal, a
penalty of $500 for petroleum products and/or $260 for other garbage may be assessed for
!aOure to comply.
b) RFR requires the use Qf c~ bend radios and headlights at aD Urnes on RFR roads. In
addition, PERMITTEE's personnel and contJ8cto18 sha1J wear highly visible hard hats or
clothing when outside of vehicles.
c) RFR reserves the right to pariodlcaHy close roads due to weather condIt!ons, to prevent any
adverse envlronmentallmpaet, or for any other I8ason In RFR's sole discretion.
d) Thla pennlt Is provlded for the soJa and exclusive purpose of accommodating PERMITTEE'S
request for a speclal use permit only.
5. TermInation. RFR reserves aD rights not speclflcaDy granted herein. In the event PERMITTEE
sheD fall to keep or perfonn any of the agreements to be kept or pelfonned hereunder, RFR may
tennlnate this Permit by gMng written notice of such default to PERMITTEE and the termination
Is effective fourteen (14) days after giving such notice If PERMITTEE does not co~ the default
during the fourteen-day period. In the event RFR seDs the lands which ara subject to this Permit.
this Pennlt wIIIlennlnate immediately and be of no furtharforce or effect.
6. ACC@SS. During the term of this Permit, PERMITTEE. Its employees, agenls. or contractors sha/I
have a right of access over the real properly described In ExhlbJt A and aD roads owned by RFR
or to which RFR has rights of use, to the extent permissible under the relevant road agreement,
es authorized under and according to the terms set forth In this Permit. RFR mekes no
. guarantee 118 to the condition of Its roads or assoclated structures end shall not be Dable for any
faHure of any roads or structures therein. Permittee shan suspend use of roads whenever such
use, due to weather conditions, v.fIl cause excessive damage to eeld roads.
$JlecIaI Use Perntlt.RFR.ALFP4lI.OP.doc
10IIII10
1
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7. Insurance. PERMITTEE shaD obtain and maintain during the term of this agreement the
foDowlng Insurance in amounts not less than stated:
Automobile Liability
300,000 per occurrence
PERMITTEE shaD provlda proof of such Insurance, prior to the commencement of operations
covered by this agreement Rayonler Ine. and all of Its subsIdiaries shall be named as additional
Insured parties. All policies shall provlda that said polley of Insurance shall not be canceled,
terminated nor materially changed without thirty (30) days written notice to RFR.
8. Indemnfficatlon. PERMl1TEE assumes all risk incident to the condition and usa of the roads or
other operations conducted under this Permit PERMITTEE agrees to, and haraby does,
Indemnify RFR against and save and hold RFR harmless from any cost, claim, demand, action,
damage or liability of every character whatsoever arising from or In any way growing out of Injury
to any person, including Injury resulting In death, Injury or damage to or loss of property of RFR
and property of any other party, rasulllng In whole or In part from, caused by, or arising out of
PERMITTEE'S use of roads under this Permit. PERMITTEE explicitly agraes to assume DabUlty
for actions brought by Its own employeas agelnst RFR. Nothing herein shall be construed to
indemnify RFR against Its sole negOgenca.
9. Dlsoute Resolution.
(a) The parUes will attempt, In good faith, to resolve any question, dispute, misunderstanding,
controversy or claim arising out of or relating to this Contract (the "Dispute") promptly by
negotlallon between designated executives of the respactIve parUes with authority to agrea to
a resolution. EIther party may Invoke the provisions of this dispute resolutlon sactIon by
giving the other party written notice (the "Notice of Dispute"). The executives shaD meet at a
mutually acceptable time and place within TWENTY (20) DAYS of the date of delivery of the
Notice of DIspute, and theraafter as often as they reasonably deem nacessary, to exchange'
relevant information and to attempt to resolve the dispute.
(b) If the Dispute has not bean resolved within THIRlY (30) DAYS of the initial meatlng of the
executives (which may be extended by mutual writlenagraement), or If efther party will not
parUclpate In such procedure, then either party may by written notice (the "Arbitration NotIcej
reqUire that the Dispute be resolved by binding arbitration. Any matter to be resolved by
arbitration shaD be resolved by a alngle arbitrator to be appointed for that purpose as foDowa:
(I) Within TEN (10) DAYS after delIvery of written notice by either partylOtlle other
requesting arbitration (the "Arbitration Noticej, the parties shall agree on an arbitrator.
(D) If the parUea fall to agree on an arbitrator within the tlma specIlIed, the arbitrator shall
be promptly appointed upon application of either party by the Arbitration Committee of
the American Arbitration AssocIation In Seattle Washington. The party making such
appDcatlon to the Arbitration Committee shall give the other party to this Agreement
written notice of this application.
(Ill) The arbitrator shaD proceed with due dispatch to define the problem, accept evidence, '
and reach a resolution. The proceedings shall be conducted In accordsnce with
Washington law and the American Arbitration AssocIation Commerclal Arbitration
Rules. The arbitration proceedings shall be held In Seattle, Washington or such other
place as the parUes may agree. The arbitrator, In issuing his award, shaD be limited to
SpecIaJ Usll Permll.RfllAl.l'P49.Dp.dcc
1018110
2
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......qAiJ.g fhe ~ of eilber Ra)uolfes or file PERMf11EE only and may IIllit issue
any awanI1IIIhich may be 1riewed as a 00.11.,."'11'" of or selllt,..1IllIl1I L. l ~ e 1 fhe
po.o/Ilu..S set forth by each of the parties to fhe ...bibtdiu.. prN"'<"li>_ The"" o.a..,.
of the dJbilIcdm shall be binding. final" and c:om:Iushle on the _Iii=. to this
Jlgreentelll The awanI shaD be in wailing and delivered to the parties" and shall be in
sudJ form that a po4i!bl may be tied 10 OOidilll file award in any court or pubfic
re.:o..- wI""Gil. a ~._d may be sought 10 be eloo.....d.
flV) Each party shall bear lis own ~ e s of 81bi11.6ln" induding cdfut'k>7 fees. Each
party shaD payon&balf of the cosIs of the 81bibtdb.. indudlngthe drbili....s fee..
(v) The ...bibotb shall '-110 power 10 dlaJlyo:I any of file ...u&iu.... of this Curdl...:l in
any JeSptd (or file polIer to make an award of ..~r....\.......). and the dlibill..... is not
4IlIpOWeI'ed 10 award dw._ in ..... s of acluaI da..,'9 inl:urred. In 110 went shall
any award Include punilive. in<:ichbIW or eu..""'<f"""1lial dai.e.y.,..
10. CoI"'&"'...., wiIh Laws. PERMIlTEE in peffoo\\moy Ibis agJeelllll:JII shall comply at all limes and
in aB.rest~ wilh RFR's ground rules as p.osled or verbally c:ommunicaIed and wiIb ..........i<dIo
FedemI, Slate and local laws, rules. and J'PgJ~ inc::Iudmg. bul notli'miled 10. those p,allBdloy
fo Social SecuriI;y. W...........I.S. Co..............ou... UIll"..~Iu,mellt c..............dia.n.. fair Labor
S..........ds Act of 1938, as ao....lded, Equal Opporfunity. and recp.IiI",._dl. fOr iOtllll.li.oy or
cediIlcaIion of equip......4 or Ojb........ PERM1TIEE shall be fel\lUo.... fOr insuring IbaI: aD
Iice.' r s me wIid and shall ~ aD cosIs incun'ed.
11. ,. . .."..ent PERMITTEE shall not a:ssIQ.. this Permit, by ~ilIb. of law or ofheI ~ r. lIlIiIhout
the prior wriIIen ""....".11 of RFR
12. r~ Ameemetll ThIs CO!e.4ih-1he "".~ agreenJeId bel:1IlIIl1ll11he pallitoaand 1hem
me 110 other agre.,.1k!ldb wriIIen or om/. No amendment sbaII be eIfecIi1I'tl unless done in MiIlng
and siy....d by bolh pmfes.
13. Gowmido Law. ThIs Pennitshall be gon......d byand IiUIAllltsod in ..........dwk:&:: IIiIh the
'''''~' ".Iitoe law of the SlaIB ofWashirtybL
By: By:
Ifs:
Phone#:
IN WITNESS WHEREoF. lite parlie6 halIe executed Ibis 891_1-4 as offlle dale fimtabove ......1-
RAYONIER FOREST RESOURCEs, LP. PERMlTTEE:
LLC JEFFERSON COUNTY
NOXIOUS WEED CONTROL BOARD
SpodaIl/se Permll.RFIulLFP49.DP" 3
11J11f10
._ J La.