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HomeMy WebLinkAbout050619_ca14 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: ` %' c. 1� =.20/ SUBJECT: MOU Jefferson County Public Works & Jefferson County Noxious Weed Control STATEMENT OF ISSUE: Control Noxious Weeds in county roads right of way, using County Mowing Equipment. Scheduling work to mow weeds within the right-of-way where identified by Weed Control Board staff at the appropriate time to prevent seeding. ANALYSIS: Mowing on a scheduled timetable to prevent seeding, controlling the spread of noxious weeds. FISCAL IMPACT: JC Public Works will pay$9,000 annually during this 3 year agreement; 01/01/2019 through 12/31/2021. RECOMMENDATION: Recommend Board of Commissioners approve this agreement. REVIEWED BY: FP L X17 Philip Mor ey, •ounty Ad sr Date MEMORANDUM OF UNDERSTANDING BETWEEN JEFFERSON COUNTY PUBLIC WORKS AND JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD This Memorandum of Understanding (MOU) is made and entered into by and between Jefferson County acting through the Department of Public Works, 623 Sheridan Street, Port Townsend, Washington 98368, hereinafter referred to as "Public Works" and the Jefferson County Noxious Weed Control Board, 121 Oak Bay Road, Port Hadlock, Washington, 98339, hereinafter referred to as "Weed Control Board". For the purposes of this MOU, it is understood that all references to Public Works or the Weed Control Board also include an appointed designee(s). WHEREAS,Jefferson County, through its Public Works Department (Roads Division), operates and maintains approximately 400 miles of public roads in order to provide for safe and efficient transportation of people and goods, 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, Public Works and the Weed Control Board (collectively hereinafter "Parties"to this MOU) acknowledge and agree to work cooperatively in accordance with the following: 1. PURPOSE The purpose of this MOU is to define the obligations of both Parties related to weeds in the County right-of-way for the term of the MOU. 2. SCOPE OF WORK The Parties shall undertake the work as set out below. 2.1. The Public Works Department (Roads) will, within the limitations of this MOU, perform the following: a) Use County mowing equipment, as available within the constraints of other scheduled work, to mow weeds within the right-of-way where identified by Weed Control Board ORIGINAL staff at the appropriate time to prevent seeding. MOU-Jefferson County Public Works& Weed Control Board 1 of 4 b) Report locations of noxious weeds to Weed Control Board staff. c) Participate in meetings with Weed Control Board staff at least one meeting per year to review work deliverables, priorities, methods, etc. 2.2. The Weed Control Board will, within the limitations of this MOU, perform the following: a) Utilize the $9,000 cash transfer annually for the purpose of controlling noxious weed infestations prioritized by the Weed Control Board, as described in WAC 16-750-003. b) Organize and deliver a training for Public Works staff on noxious weed identification and prevention. c) Be solely responsible for the activities conducted by its staff and/or contractors within the right-of-way. d) If using herbicides, will notify adjacent property owners and the Public Works Department prior to use and resolve any concerns of the property owners prior to proceeding. e) If using herbicides, will conduct work with properly licensed and trained staff or contractors. f) Will schedule and participate in at least on meeting per year with Public Works staff to review work deliverables, priorities, methods, and also report on what was accomplished and how the cash contribution was used. 3. TIME OF PERFORMANCE This MOU shall be effective January 1st, 2019, through December 31st, 2021. Work performed pursuant to the Scope of Work of this Memorandum of Understanding, but prior to its complete execution, is hereby ratified. 4. PROJECT ADMINISTRATION Administration of this MOU for Public Works shall be conducted by the Public Works Director or his designee. For the Weed Control Board, the MOU shall be administered by the Coordinator. 5. EMPLOYEES All employees remain employees of their respective department at all times and shall perform work under the sole supervision of their department. MOU-Jefferson County Public Works& Weed Control Board 2 of 4 6. PAYMENT Within 30 days of the execution of this Memorandum of Understanding, Nine Thousand Dollars ($9,000)—half from the Road Fund, and half from the General Fund—shall be transferred to Fund 108—Extension, dedicated for the exclusive use of the Weed Control Board for the purpose of controlling noxious weeds prioritized by the Weed Control Board, on County road right-of-ways pursuant to this MOU. 7. RIGHT-OF-ENTRY Weed Control Board staff may enter upon County road 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 Public Works Department. Prior to using herbicides in the right-of-way, Weed Control Board staff shall notify adjacent property owners and Public Works. 8. COMPLIANCE WITH LAWS All work performed under this MOU shall comply with all federal and state laws, local laws and ordinances, and applicable permit requirements. 9. TERMINATION Either party may terminate this MOU 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. 10. SEVERABILITY Should any clause, phrase, sentence or paragraph of this MOU be declared invalid or void,the remaining provisions of this MOU shall remain in full force and effect. 11. ENTIRE AGREEMENT The MOU merges and supersedes all prior applications, representations, negotiations, approvals, and understandings between the Parties hereto relating to the subject matter of this MOU and constitutes the entire agreement between the parties. MOU—Jefferson County Public Works& Weed Control Board 3 of 4 DATED this_day of JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD BOARD OF COMMISSIONERS David Sullivan, Chair Date Joost Besijn, Coordinator Date DEPARTMENT OF PUBLIC WORKS Monte Reinders Date County Engineer/Public Works Director Attest: Carolyn Gallaway, Deputy Clerk of the Board Approved as to Form Only: A • C. Date: Yf 2J 11j Philip C.Hunsucker,Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office MOU—Jefferson County Public Works& Weed Control Board 4 of 4