HomeMy WebLinkAbout091718_ca04 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: I N^ —20 I V
SUBJECT: Interlocal Agreement Between PUD#1 and Jefferson County on Behalf of JC
Noxious Weed Control Board
STATEMENT OF ISSUE:
Purpose of this agreement is the control of noxious weed on PUD Right-of-Way lands.
ANALYSIS:
This agreement will allow Weed Board volunteer staff, contractors and other agencies access
to the project area for the purpose of revegetation projects and control targeted species: poison
hemlock, tansy ragwort and scotch broom.
FISCAL IMPACT:
PUD#1 Pays a total of $5,800.
Expenditures for supplies and WCC crew: $5,100 leaving a revenue amount: $700.
RECOMMENDATION:
Recommend approving this Interlocal Agreement
REVIEWED BY:
40r Y/72—E/1
' p Morley, i oun Administrator Date
•
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 Public Utility District's
Board of Commissioners on July 17th, 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:
Transfer a cash amount of Five Thousand, Eight Hundred Dollars ($5,800) before December 31ST, 2018,
from the PUD to the Weed Control Board Fund for the purpose of controlling noxious weed infestations
defined in this agreement, as described in WAC 16-750-003.
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Interlocal Agreement, Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board
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2. Report locations of noxious weeds to Weed Control Board staff when found.
3. Participate in one meetings with Weed Control Board staff to review work deliverables, priorities, and
methods.
4.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.
The Weed Control Board will, within the limitations of this agreement, perform the following:
1. Utilize the cash transfer for the purpose of controlling noxious weed infestations that are present in
October of 2018 and are defined below,as described in WAC 16-750-003,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.
a. Poison hemlock(Conium maculatum) infestation north of Jefferson County International Airport.
b. Tansy ragwort (Senecio jacobaea) north of Jefferson County International Airport.
c. Scotch broom (Cytisus scoparius) inside defined project area (see appendix).
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 a report outlining the completed work, methods, and that details how the cash contribution
was used.
6. 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 09-01-2018 through 02-28-2019, a period of 6 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.
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Interlocal Agreement, Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board
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.
PAYMENT
A cash transfer amount of Five Thousand, Eight Hundred Dollars ($ 5,800.00) will be made from the PUD
to the Weed Control Board before December 31St, 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.
INDEMNIFICATION
To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other
party, its elected and appointed officials, employees, agents and volunteers, harmless from and against
any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's
fees and alternative dispute resolution costs,for any personal injury,for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property(including the loss of use
resulting therefrom)which are alleged or proven to be caused by an act or omission, negligent or
otherwise, of its elected and appointed officials, employees, agents or volunteers.
A party shall not be required to indemnify, defend, or hold the other party harmless if the claim,
damage, loss or expense for personal injury, for any bodily injury, sickness, disease or death or for any
damage to or destruction of any property(including the loss of use resulting therefrom) is caused by the
sole act or omission of the other party.
In the event of any concurrent act or omission of the parties, negligent or otherwise, these indemnity
provisions shall be valid and enforceable only to the extent of each party's comparative liability.
The parties agree to maintain a consolidated defense to claims made against them and to reserve all
indemnity claims against each other until after liability to the claimant and damages, if any, are
adjudicated. If any claim is resolved by voluntary settlement and the parties cannot agree upon
apportionment of damages and defense costs, they shall submit apportionment to binding arbitration.
The indemnification obligations of the parties shall not be limited in any way by the Washington State
Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act,
disability benefit act or other employee benefit act. Each party hereby expressly waives any immunity
afforded by such acts to the extent required by a party's obligations to indemnify, defend and hold
harmless the other party or parties. A party's waiver of immunity does not extend to claims made by its
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Interlocal Agreement,Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board
employees directly against the party as employer.The foregoing indemnification obligations of the
parties are a material inducement to enter into this Agreement and have been mutually negotiated.
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.
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Interlocal Agreement, Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board
IN WITNESS WHEREOF,the parties have executed this Agreement.
COUNTY OF JEFFERSON
WEED CONTROL BOARD
.'I� PUBLIC UTILITY DISTRICT No. 1
t OF JEFFERSON COUNTY
Joost Besijn,Coordinator BOARD OF COMMISSIONERS
COUNTY OF JEFFERSON
Jeff Randall, President
BOARD OF COMMISSIONERS
Wayne G. King,Vice President
Kenneth Collins, Secretary
David Sullivan Date
Chair, Board of Commissioners Approved as to form only this_th day of
, 2018.
Approved as to form
General Counsel
0). C 7 %
Philip Hunsucker Date
di Civil Deputy Prosecuting Attorney
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Interlocal Agreement, Public Utility District Jefferson County-Jefferson County Noxious Weed Control Board
APPENDIX I
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•Image 1: Project area, 156 acres(61,655 ft in length x 110 ft avg.width). Red line indicates project area for
planned Scotch broom removal in October 2018.
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Interlocal Agreement, Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board
Income Budgeted
Sept Oct Nov
Public Works MOU $ 5,800.00 $ 5,800.00
Total Income $ 5,800.00 $ 5,800.00
Expenditures Budgeted
Sept Oct Nov
Salaries&Wages $ (5,700.00)
Project coordinator $ (700.00) $ (100.00) $ (500.00) $ (100.00)
WCC crew $ (5,000.00) $ (5,000.00)
Travel $ (25.00) $ (25.00)
Tools/equipment/materials $ (50.00) $ (50.00)
Miscellaneous $ (25.00) $ (25.00)
Total Expenditures $ (5,800.00) $ (100.00) $ (5,600.00) $ (100.00)
Balance $ (100.00) $ 100.00 $
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Interlocal Agreement, Public Utility District Jefferson County—Jefferson County Noxious Weed Control Board