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Home My WebLink About092616_ca09Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: September 26, 2016 RE: PUD & Jefferson County Noxious Weed Control Board STATEMENT OF ISSUE: Weed Control of PUD Right -of -Way ANALYSIS: Weed Control Board will utilize PUD transfer of funds for the purpose of controlling listed noxious weed with in the PUD project area. FISCAL IMPACT: PUD #1 of Jefferson County has allocated funds. PUD transfer of funds total of $22,720 to Noxious Weed Control Board Jefferson County, over 4 years. RECOMMENDATION: Recommend the commissioners approve this contract agreement. DEPARTMENT CONTACT: Su Tipton, 360379.5610 ext. 206 REVIEWED BY: Date AGREEMENT BETWEEN PUBLIC UTILITY DISTRICT #1 of JEFFERSON COUNTY AND JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD This Agreement is made and entered into by and between Public Utility District No. 1 of Jefferson County, 310 Four Corners Road, Port Townsend, Washington, 98368, hereinafter referred to as "PUD" and the Jefferson County Noxious Weed Control Board, 380 Jefferson Street, Port Townsend, Washington, 98368, hereinafter referred to as "Weed Control Board". For the purposes of this Agreement, it is understood that all references to the PUD or Weed Control Board also include an appointed designee(s). WHEREAS, the PUD operates and maintains the County's Public Utility infrastructure in order to provide reliable, efficient, and safe transportation of water and electricity to residents of Jefferson County, and WHEREAS, the Jefferson County Noxious Weed Control Board has a stated mission "To serve as responsible stewards of Jefferson County by protecting the land and resources from the degrading impact of noxious weeds," and WHEREAS, the Weed Control Board has identified certain noxious weeds requiring control on County road right -of way, NOW, THEREFORE, pursuant to the above recitals, PUD and the Weed Control Board (collectively hereinafter "Parties" to this Agreement) acknowledge and agree to work cooperatively in accordance with the following: PURPOSE OF AGREEMENT The purpose of this Agreement is to define the obligations of both Parties related to weeds in the PUD right-of-way for the term of the Agreement. SCOPE OF WORK The Parties shall undertake the work as set out below. The PUD will, within the limitations of this agreement, perform the following: Transfer a cash amount of Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before November 30th 2016, Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 301h 2017, Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 301h 2018, and finally another Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 30th 2019, totaling at $22,720.00 over 4 years from the PUD to the Weed Control Board Fund for the purpose of controlling listed noxious weeds present within the project area indicated in Appendix I. Interlocal Agreement, Public Works — Weed Control Board The Weed Control Board will, within the limitations of this agreement, perform the following: 1. Utilize the annual cash transfers only for the purpose of controlling listed noxious weeds within the project area indicated in Appendix I by means of employing staff, contractors, or other agencies with the appropriate personnel and equipment to effectively control targeted species. 2. Take responsibility for the activities conducted by its staff and/or contractors within the project area. 3. If using herbicides, will notify adjacent property owners and the PUD prior to use and resolve any concerns of the property owners prior to proceeding. 4. If using herbicides, will conduct work with properly licensed and trained staff or contractors. 5. Will schedule and participate in at least one meeting per year with PUD staff to review work deliverables, priorities, methods, and also report on what was accomplished and how the cash contribution was used. TIME OF PERFORMANCE This Agreement shall be effective for calendar years 2016 through 2019, a period of four (4) years. PROJECT ADMINISTRATION Administration of this Agreement for PUD shall be conducted by the PUD Manager or his designee. For the Weed Control Board, the Agreement shall be administered by the Coordinator. EMPLOYEES All employees remain employees of their respective agency at all times and shall perform work under the sole supervision of their agency. 2 Interlocal Agreement, Public Works - Weed Control Board PAYMENT A cash transfer a cash amount of Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before November 30`h 2016, Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 30`h 2017, Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 30`h 2018, and finally another Five Thousand Six Hundred and Eighty Dollars ($ 5,680.00) before July 301h 2019, totaling at $22,720.00 over 4 years will be made from the PUD for the purposes outlined in this Agreement. The Parties agree that this shall constitute the full financial obligation of PUD with respect to this issue for the duration of the Agreement. RIGHT -OF -ENTRY Weed Control Board staff may enter upon PUD right-of-way to conduct weed control activity. Weed Control Board staff shall record when and where work was performed and shall make these records available to the PUD. Prior to using herbicides in the right-of-way, Weed Control Board staff shall notify adjacent property owners and the PUD. JOINT HOLD HARMLESS Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the party of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a part to this Agreement. COMPLIANCE WITH LAWS All work performed under this Agreement shall comply with all federal and state laws, local laws and ordinances, and applicable permit requirements. TERMINATION Either party may terminate this Agreement by giving written notice to the other, at the address first noted herein, of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. SEVERABILITY Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. ENTIRE AGREEMENT The Agreement merges and supersedes all prior applications, representations, negotiations, approvals, and understandings between the Parties hereto relating to the subject matter of this Agreement and constitutes the entire Agreement between the parties. 3 Interlocal Agreement, Public Works — Weed Control Board IN WITNESS WHEREOF, the parties have executed this Agreement. COUNTY OF JEFFERSON WEED CONTROL BO Joost Besijn, Coordinator Kathleen Kler, Chair County Commissioner Approved as to form: Michael Haas, Prosecuting Attorney ATTEST: Deputy Clerk of the Board PUBLIC UTILITY DISTRICT No. 1 OF JEFFERSON COUNTY BOARD OF COMMISSIONERS Kenneth Collins, President Barney Burke, Vice President Wayne G King, Secretary Approved as to form only this day of 6' Day of September, 2016. District Attorney James G. Parker Public Utility District Manager 4 Interlocal Agreement, Public Works — Weed Control Board APPENDIX I PUD cut = 136.98 acres (55,252 ft in length X 108 ft avg. width) Interlocal Agreement, Public Works — Weed Control Board Hours Amount Total JCNWCB 320 x $26 $8,320 WCC crew 16 days x $900 $14,400 Total (for 4 years) $22,720 2016 1CNW 80 x $26 $2,080 CB WCC 4 x $900 $3,600 crew Total $5,680 2017 I 2018 I 2019 80 x $26 $2,080 80 x $26 $2,080 80 x $26 $2,080 4 x $900 $3,600 4 x $900 $3,600 4 x $900 $3,600 $5,680 $5,680 $5,680 6 Interlocal Agreement, Public Works — Weed Control Board