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Home My WebLink About032618_ca07Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton, WSU, Jefferson County Extension DATE: March 26, 2018 SUBJECT: Public Utility District No. 1, Interlocal Agreement with Noxious Weed Control Board STATEMENT OF ISSUE: Define the obligations of both Parties related to the control of Noxious Weeds in the Public Utility District No. 1 (PUD) Right of Way. ANALYSIS: Control of Noxious Weeds benefits the Public Utility District No. 1 (PUD) re: legal responsibilities; reducing the risk of fire and allows safer access to Public Utility District No. (PUD) Lands. FISCAL IMPACT: Total Dollar Amount from Public Utility District No. 1 (PUD) of $25,000; to cover expenses, staff time and overhead. RECOMMENDATION: Recommend the Board of County Commissioners to approve this Interlocal Agreement with the Noxious Weed Control Board and the Public Utility District No. 1 (PUD). REVIEWED BY: Date INTERLOCAL AGREEMENT BETWEEN PUBLIC UTILITY DISTRICT #1 and JEFFERSON COUNTY ON BEHALF OF THE 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 on behalf of the Noxious Weed Control Board, 121 Oak Bay Road, Port Hadlock, Washington, 98339, 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 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 PUD lands, and WHEREAS, control of noxious weeks on PUD lands benefits the PUD through their compliance with the legal responsibilities regarding noxious weed control as described in RCW 17.10 as well as reducing the likelihood of fire and allowing safer access to PUD property; and WHEREAS, the initial proposal regarding this agreement was presented to the Board of Commissioners on February 20, 2018. 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 the control of noxious 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: 1. Transfer a cash amount of Twenty Five Thousand Dollars ($ 25,000) before April 3 01 2018, from the PUD to the Weed Control Board Fund for the purpose of controlling 1 Interlocal Agreement, Public Works — Weed Control Board noxious weeds present within the project area indicated in Appendix I, as prioritized by the Weed Control Board. 2. Allow the Weed Control Board volunteer staff, contractors, or other agencies access within the project area indicated in Appendix I for the purpose of potential revegetation projects, which shall be supported through Weed Control Board resources. Interlocal Agreement, Public [Forks — bt'eed Control Board PAYMENT A cash transfer amount of Twenty Five Thousand Dollars ($ 25,000.00) will be made from the PUD to the Weed Control Board before April 30`x', 2018, 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. JOINT HOLD HARMLESS Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the parry 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. INDEMNIFICATION Each parry shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from an actual breach of such indemnifying party's representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party's expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. 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. 4 Interlocal Agreement, Public IVorks — treed Control Board The Weed Control Board will, within the limitations of this agreement, perform the following: 1. Utilize the annual cash transfers for the purpose of controlling noxious weeds prioritized by the Weed Control Board, 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 by defending and indemnifying the PUD for any of its activities arising out of, or relating to this agreement and providing liability insurance to the satisfaction of the PUD, which the PUD will review prior to execution of this agreement. 3. If using herbicides, will conduct work with properly licensed and trained staff or contractors and comply with all applicable laws with respect to the storage and application of herbicides. 4. 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. 5. Provide reasonable notice, not less than 72 hours, to the PUD anytime the Weed Control Board intends to perform work on PUD property so as not to upset and PUD activity that may be planned or taking place. TIME OF PERFORMANCE This Agreement shall be effective from 03-2018 through 07-2018, a period of (4) months. 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. The Weed Control Board waives its rights under RCW Title 51, Industrial Insurance, with respect to any claim involving the PUD brought by an employee of the Weed Control Board against the PUD. Interlocal Agreement, Public Works — YYeed Control Board IN WITNESS WHEREOF, the parties have executed this Agreement. COUNTY OF JEFFERSON WEED CONTROL BOARD Joost Besijn, Coordinator Jefferson County :•. • of • !• • • " David Sullivan, Chair Philip Hunsucker, Civil Deputy Prosecuting Attorney PUBLIC UTILITY DISTRICT No, I OF JEFFERSON COUNTY BOARD OF COMMISSIONERS �44---) - ld,/ dall,-Or�esident Wayne G. King, Vice President Kenneth Coli;ns, ecreta y Approved as to form only this day of fit" day of March, 2018, General Counsel PUD cut = 136.98 acres (55,252 ft in length x 108 ft avg. width) Interlocal Agreenrent, Public Works — Weed Control Board