HomeMy WebLinkAbout051319_ca12Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE:
SUBJECT: PUD#13 year contract for noxious weed control on Right—of-way.
STATEMENT OF ISSUE:
PUD#1 contracting Jefferson County Noxious Weed Control to control weeds on PUD Right -
of -Way for 3 consecutive years at $25,000 per year.
ANALYSIS:
The $25,000 per year will cover $20,000 for WCC crew to control noxious weeds and $5,000
will cover the time noxious weed coordinator to oversee the project yearly.
FISCAL IMPACT:
No fiscal impact as $25,000 fee will cover the coordinator's time and WCC crew to do the
work.
RECOMMENDATION:
Recommend that the Commissioners approve this contract.
REVIEWED BY:
4�7
Philip Mor , ounty A mimstrator 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;
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) annually in 2019, 2020, and 2021,
from the PUD to the Weed Control Board for the purpose of controlling noxious weed infestations defined
in this agreement, as described in WAC 16-750-003.
2. Report locations of noxious weeds to Weed Control Board staff when found.
3. Participate in one annual training on preventative noxious weed control measures provided by Noxious
Weed Board.
4. Participate in one annual meeting with Weed Control Board staff to review work deliverables, priorities,
and methods.
5. 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.
1 �ORI6INAL
Interlocal Agreement, Public Utility District Jefferson County — Jefferson County Noxious Weed Control Board
The Weed Control Board will, within the limitations of this agreement, perform the following:
1. Utilize the cash transfer for the purpose of controlling Scotch broom (Cytisus scoparius) and Poison
hemlock (Conium maculatum) infestations that are present in May of 2019, 2020, and 2021, 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.
2. 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.
3. 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.
4. 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 05-2019 through 10-2021, a period of (3.5) 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. 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.
PAYMFNT
A cash transfer amount of Twenty Five Thousand Dollars ($ 25,000.00) will be made annually in 2019, 2020,
and 2021, from the PUD to the Weed Control Board before July 31St, 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.
Interlocal Agreement, Public Utility District Jefferson County — Jefferson County Noxious Weed Control Board
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 employees directly against the
party as employer. The foregoing indemnification obligations have been mutually negotiated.
COMPLIANCE WITH LA
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 Utility District Jefferson County — Jefferson County Noxious Weed Control Board
IN WITNESS WHEREOF, the parties have executed this Agreement.
COUNTY OF JEFFERSON
NOXIOUS WEED CONTROL BOARD
Joost Besijn, Coordinator Date
PUBLIC UTILITY DISTRICT No. 1
OF JEFFERSON COUNTY
am
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Approved as to Form Only:
Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney
Interlocal Agreement, Public Utility District Jefferson County - Jefferson County Noxious Weed Control Board
Date
Date
Date
4
APPENDIX I
Image 1: Project area, 156 acres (61,655 ft in length x 110 ft avg. width)
Interlocal Agreement., Public Utility District Jefferson County — Jefferson County Noxious Weed Control Board
Salaries & Wages
Project coordinator
WCC crew
Annual expenditures
Apr May June
$ (5,000.00)
$ (20,000.00)
Total expenditures $ (25,000.00)
$ (1,000.00) $ (3,000.00) (1,000.00)
$ (20,000.00)
$ (1,000.00) $ (23,000.00) $ (1,000.00)
6
Interlocal Agreement, Public Utility District Jefferson County — Jefferson County Noxious Weed Control Board