HomeMy WebLinkAboutPublic Utility District No 1 - 091718AGREEMENT 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 ($5,800) before December 31St, 2018,
from the PUD to the Weed Control Board Fund for the purpose of controlling noxious weed infestations
defined in this agreement, as described in WAC 16-750-003.
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Interlocal Agreement, Public Utility District Jefferson County —Jefferson County Noxious Weed Control Board
10R1GlNAL
EMPLOYEES
All employees remain employees of their respective agency at all times and shall perform work under
the sole supervision of their agency. The Weed Control Board waives its rights under RCW Title 51,
Industrial Insurance, with respect to any claim involving the PUD brought by an employee of the Weed
Control Board against the PUD.
PAYMENT
A cash transfer amount of Five Thousand, Eight Hundred Dollars ($ 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
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
Joost Besijn, Coordinator
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
J
/cy
David Sullivan Date
Chair, Board of Commissioners
Approved as to form
Philip Hunsucker Date
Civil Deputy Prosecuting Attorney
PUBLIC UTILITY DISTRICT No. 1
OF JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kenneth Collins, Secretary
Approved as to form only this SL/_ th day of
oV 2018.
General Counsel
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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
Total Income $ 5,800.00
Expenditures Budgeted
Salaries & Wages
$
(5,700.00)
Project coordinator
$
(700.00)
WCC crew
$
(5,000.00)
$
(5,000.00)
Travel
$
(25.00)
Tools / equipment / materials
$
(50.00)
Miscellaneous
$
(25.00)
Total Expenditures
$
(5,800.00)
Balance
$ 5,800.00
$ 5,800.00
Sept
Oct Nov
$ (100.00)
$
(500.00) $ (100.00)
$
(5,000.00)
$
(25.00)
$
(50.00)
$
(25.00)
$ (100.00)
$
(5,600.00) $ (100.00)
$ (100.00)
$
100.00 $ -
7
Interlocal Agreement, Public Utility District Jefferson County — Jefferson County Noxious Weed Control Board
CONTRACT REVIEW FORM
CONTRACT WITH: PUD #1 and Jefferson County on Behalf of the JC Noxious Weed Control Board
CONTRACT FOR: Interlocal Agreement control of PUD Right of Way TERM: 10-01-2018-10-31-2018
COUNTY DEPARTMENT: WSU JC Extension/Noxious Weed Control Board
For More Information Contact: Joost Besign
Contact Phone #: 360.379.5610 x205
RETURN TO:
Su Tipton
RETURN BY 09-4-2018
JUL 25 2018
(Person in Department)
(Date)
AMOUNT: $5800.00
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
fv0
PROCESS: F xe pt from Bid Process
on ultant Selection Process
0o erative Purchase
o petitive Sealed Bid
Sinn 1 Works Roster
n lor List Bid
or RFQ
x th r
Step l: REVIEW BY RISK MANAGEMEN
Review by:
Date Reviewed:
APPROVED FORM returned for revision (See
Comments
Step 2: REVIEW BY PROJECUTIM TfE
RNEY
Review by: ; e'
Date Reviewed:
APPROVED AS TO FORM Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK
MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: 17� -2-6' C
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:
ip Morley, oun Administrator Date