HomeMy WebLinkAbout070119_ca07 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: d%4 /, <2O/)
SUBJECT: Invasive Knotweed Control in Jefferson County L3 1-(
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STATEMENT OF ISSUE:
Hood Canal Salmon Enhancement Group (HCSEG) is seeking permission from Jefferson
County to control invasive knotweed species on Jefferson County properties. Located on
Dosewallips River, Little Quilcene River and Big Quilcene River.
ANALYSIS:
HCSEG will provide services and staff to perform tasks in Exhibit A. All expenditures for this
scope of work is covered by the PSAR funding HCSEG has acquired. This service agreement
is from 1/1/2019 through 12/31/2021. Jefferson County Noxious Weed Control Board shall in
performing these services in this agreement, observe and comply with all federal, state and
local laws, ordinances and regulations, applicable to the services to be rendered under this
agreement.
FISCAL IMPACT:
The Hood Canal Salmon Enhancement Group has received funding from Puget Sound
Acquisition and Restoration Funding(PSAR)#16-1476. Cost for this work will flow through
the PSAR funding not Jefferson County.
No fiscal impact to Jefferson County.
RECOMMENDATION: Recommend Board of Commissioners approve this agreement.
REVIEWED BY:
I /441"_ /
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' yip Morley, COPP dmi istrator Date
PERSONAL SERVICES AGREEMENT
Between
Hood Canal Salmon Enhancement Group
and
Jefferson County
THIS AGREEMENT is entered into between the Hood Canal Salmon Enhancement Group,
hereinafter referred to as "HCSEG", and the County of Jefferson on behalf of the Jefferson
County Noxious Weed Control Board,hereinafter referred to as "the Weed Board". For the
purposes of this MOU, it is understood that all references to the County or the HCSEG also
include an appointed designee(s).
1. Project Designation. The County is granting permission to the HCSEG to control invasive
knotweed species on Jefferson County properties located on Dosewallips River, Little
Quilcene River, and Big Quilcene River. HCSEG will provide services and staff, and
otherwise do all things necessary for or incidental to this contract instrument, and the
performance of the work set forth in Exhibit A, attached hereto and incorporated herein. The
services provided by the HCSEC are funded through a grant from the Puget Sound
Acquisition and Restoration Funding(PSAR) #16-1476, acquired by the HCSEG.
2. Scope of Services. The HCSEG agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time for Performance. This Agreement shall commence on January 1,2019 and continues
through December 31,2021 unless terminated as provided herein. Work performed prior to
the execution of this contract is hereby ratified.
4. Payment. The HCSEG shall not require any payment by the County for completed work and
for services rendered under this agreement.
5. Compliance with Laws. HCSEG shall, in performing the services contemplated by this
agreement, observe and comply with all federal, state, and local laws, ordinances and
regulations, applicable to the services to be rendered under this agreement.
6. Indemnification. The HCSEG shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or any
portion thereof, including attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to HCSEG's own employees, or damage to
property occasioned by a negligent act, omission or failure of the HCSEG.
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7. Insurance. The HCSEG shall obtain and keep in force during the terms of the Agreement,
policies of as follows:
If the HCSEG employs any person(s) in the status of employee or employees separate from
or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the
HCSEG, Worker's Compensation Insurance in an amount or amounts that are not less than
the required statutory minimum(s) as established by the State of Washington or the state or
province where the HCSEG is located.
Commercial Automobile Liability Insurance providing bodily injury and property damage
liability coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the HCSEG's
performance of the contract.
a. General Commercial Liability Insurance, in an amount not less than a single limit of one
million dollars ($1,000,000)per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($2,000,000 minimum) for bodily injury, including death,
and property damage unless otherwise specified in the contract specifications. This
insurance coverage shall contain no limitations on the scope of the protection provided
and include the following minimum coverage:
i. Broad Form Property Damage with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability including completed operations;
iv. Premises—Operations Liability(M&C);
v. Independent Contractors and Weed Boards; and
vi. Blanket Contractual Liability.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen(15) days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
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prior to the approval of the contract by the County. At the option of the County, the insurer
shall reduce or eliminate deductibles or self-insured retention or the HCSEG shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
The HCSEG shall include all HCSEGs as insured under its insurance policies or shall furnish
separate certificates and endorsements for each HCSEG. All insurance provisions for
HCSEGs shall be subject to all of the requirements stated herein.
Failure of the HCSEG to take out and/or maintain any required insurance shall not relieve
The HCSEG from any liability under the Agreement, nor shall the insurance requirements be
construed to conflict with or otherwise limit the obligations concerning indemnification.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against
the County(including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies so affected shall protect both parties and be primary
coverage for any and all losses covered by the above described insurance. It is further agreed
by the parties that insurance companies issuing the policy or policies shall have no recourse
against the County(including its employees and other agents and agencies) for payment of
any premiums or for assessments under any form of policy. It is further agreed by the parties
that any and all deductibles in the above described insurance policies shall be assumed by
and be at the sole risk of the HCSEG.
b. It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof,may be withheld from payment
due, or to become due, to the HCSEG until such time as HCSEG shall furnish additional
security covering such judgment as may be determined by the County.
c. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
d. Any coverage for third party liability claims provided to the County by a"Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the HCSEG must provide in order to comply with the Agreement.
e. If the proof of insurance or certificate of coverage indicating the County is an"additional
insured"to a policy obtained by the HCSEG refers to an endorsement (by number or
name)but does not provide the full text of that endorsement, then it shall be the
obligation of the HCSEG to obtain the full text of that endorsement and forward that full
text to the County.
f. The County may,upon the HCSEG's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the HCSEG.
8. Independent parties. The HCSEG and the County agree that the HCSEG is an independent
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contractor with respect to the services provided pursuant to this agreement. Nothing in this
agreement shall be considered to create the relationship of employer and employee between
the parties hereto. Neither HCSEG nor any employee of HCSEG shall be entitled to any
benefits accorded County employees by virtue of the services provided under this agreement.
The County shall not be responsible for withholding or otherwise deducting federal income
tax or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to HCSEG, or any employee of HCSEG.
9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission,percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this
warranty, the County shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
10. Discrimination Prohibited. The HCSEG, with regard to the work performed by it under this
agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
11. Assignment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
12. Non-Waiver. Waiver by the County of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
13. Termination. All parties reserve the right to terminate this contract at any time by giving
thirty(30) days written notice.
In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this agreement between surviving members of the Consultant
and the County, if the County so chooses.
14. Notices. Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Public Health
623 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Email: tpokorny@a,co.jefferson.wa.us
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623 Sheridan Street
Port Townsend, WA 98368
Ph: 360.379.4498
Email: tpokorny@co.jefferson.wa.us
15. Integrated Agreement.This Agreement together with attachments or addenda represents the entire and
integrated agreement between the County and the HCSEG and supersedes all prior negotiations,
representations or agreements written or oral.This agreement may be amended only by written instrument
signed by both County and HCSEG.
DATED this day of 2019.
By
Kate Dean,Chair Date APPROVED AS TO FORM
Jefferson Board of County Commissioners
iA/f
Philip Hunsucker Date
r` f / Chief Civil Deputy Processing Attorney
By O - 25-2o1Y
Joost Besijn, Coordinator Date
Jefferson County Noxious Weed Control Board
By
Tamara Cowles Date
Stewardship Coordinator
Hood Canal Salmon Enhancement Group
ATTEST:
Carolyn Gallaway Date
Deputy Clerk of the Board
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Exhibit A: Scope of Work
Hood Canal Salmon Enhancement Group will conduct invasive knotweed control work on
Jefferson County properties located within the floodplains of the Dosewallips River, Little
Quilcene and Big Quilcene Rivers. Treatment of these areas will utilize funding allocated by the
state legislature for Puget Sound Acquisition and Restoration,project#16-1476. Control efforts
shall include field surveys directly associated with areas to be treated, followed by the
application of aquatic formulation herbicides.
Minimum work specifications: workers will be hired or contracted to treat knotweed infestations
known or discovered in the area previously identified above. Hood Canal Salmon Enhancement
Group knotweed control employees or contractors will use an integrated weed management
approach, in conjunction with the best management practice for the control of invasive knotweed
species. All control methods will be employed consistent with the laws, rules and regulations of
Washington State, Jefferson County, the Noxious Emergent Plant Management Environmental
Impact Statement(EIS) first published in November 1993, and all subsequent amendments to the
EIS.
Hood Canal Salmon Enhancement Group, or Weed Boards to Hood Canal Salmon Enhancement
Group,must enter into a contract with WSDA under which Hood Canal Salmon Enhancement
Group, or Weed Boards to Hood Canal Salmon Enhancement Group, act as limited agents to
carry out noxious and quarantine weed control for WSDA under the"Aquatic Noxious Weed
Control National Pollutant Discharge Elimination System Waste Discharge General Permit"
(NPDES permit)prior to the performance of any activity pursuant to this Agreement that
discharges herbicides directly into streams or rivers, or indirectly into streams,rivers, estuaries,
wetlands, along lake shorelines, or in other wet areas. Herbicide treatments may only occur at
times allowed under provisions of the NPDES permit and must comply with conditions specified
in such permit.
The crew will work closely with the Hood Canal Salmon Enhancement Group staff and the
WSDA Knotweed Control Coordinator, and be active in the field from May 1, 2019 to October
1, 2021, as allowed by the variable growth season of knotweed and any required preparation or
conclusion times.
Equipment:
The knotweed control crew will use herbicide applications for control. The control crew may use
equipment provided by Hood Canal Salmon Enhancement Group and the WSDA Knotweed
Control Coordinator. Herbicides will be procured from the WSDA Knotweed Control
Coordinator.
Herbicide:
The knotweed control crew will only use aquatic formulation herbicides and surfactants for
knotweed control work. Methods of delivery include either the use of a backpack sprayer or hand
held injection gun. Which method of herbicide delivery will be determined dependent on plant
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size and abundance.
The following rates of application will be utilized for all control efforts.
The herbicide concentration rates used when utilizing a backpack sprayer are as follows:
o 1% concentration of Polaris EPA#241-426-228 (Imazapry)
o 1% concentration of Liberate EPA#29491 (Surfactant, an agent used to assist mixtures
ability to stick leaves)
o 0.1% Blazon Blue(Dye)
The herbicide concentration rates used when utilizing a hand injection gun are as follows:
o 100%concentration of Polaris EPA#241-426-228 (Imazapry)
Task 1:
Organize, and conduct Knotweed Polygonum spp. control efforts on County properties located
within the floodplain of the Dosewallips, Little Quilcene and Big Quilcene Rivers on May 1,
2019 through October 1, 2019, and May 1, 2020 through October 1, 2020.
Deliverables:
1 a) Season ending report that will include the following: date(s) of control activities,map
of project area(s), acres of knotweed treated, acres protected,herbicide used, copy of
application records, and geographic information system data for knotweed
infestations treated. The Hood Canal Salmon Enhancement Group will supply WSDA
with all geographic information system data that is generated as a result of this
Agreement.
lb)These deliverables are separate from and in addition to any reporting requirements
associated with limited agent status under WSDA's Aquatic Noxious Weed Control
NPDES General Permit coverage.
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