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Home My WebLink AboutJefferson County Public Works - Noxious Weed 12-21-20 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) Transfer$9,000 cash annually for the purpose of controlling noxious weed infestations prioritized by the Weed Control Board, as described in WAC 16-750-003. MOU—Jefferson County Public Works& Weed Control Board 1 of 4 b) 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 staff at the appropriate time to prevent seeding. c) Report locations of noxious weeds to Weed Control Board staff when possible. 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) Be solely responsible for the activities conducted by its staff and/or contractors within the right-of-way. c) 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. d) If using herbicides, will conduct work with properly licensed and trained staff or contractors. 3. TIME OF PERFORMANCE This MOU shall be effective January 1st, 2021, through December 31st, 2023. Work performed pursuant to the Scope of Work of this Memorandum of Understanding, but prior to its complete execution, is hereby ratified. 4. 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. 5. 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. MOU-Jefferson County Public Works& Weed Control Board 2 of 4 6. EMPLOYEES All employees remain employees of their respective department at all times and shall perform work under the sole supervision of their department. 7. 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 109, 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. 8. 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. 9. 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. 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)i day of; -CC , 2020. JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD BOAR:F COM ISSIONERS ce Uoc,, Greg Brother on, Chai .. , <_ r Date Joost Besijn, Coordinator Date DEPART ENT OF P BLIC WORKS f 7 Monte Reinders at County Engineer/public Works Director Attest: Carolyn Gallaway, Deputy Clerk of the Board Approved as to Form Only: /Zi ?A zD raitt.reeocaLtvtitrielclitinfAt;or.nley14141'J MOU—Jefferson County Public Works& Weed Control Board 4 of 4 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Su Tipton DATE: SUBJECT: Jefferson County Public Works/Noxious Weed Control MOU STATEMENT OF ISSUE: Noxious Weed Control of County Right-of-Way ANALYSIS: From 2021 through 2023, Public Works and Noxious Weed Control will perform duties to control noxious weed infestation along county-right-of-way. FISCAL IMPACT: For 3 years,Noxious Weed Control will utilize the annual $9,000 from Public Works and General Fund to control noxious weed infestations on county-right-of-way. RECOMMENDATION: Recommend the board approves the Contract REVIEWE 1 BY: 1:1/4 war[ 1 477?.-Ge2 ioismik Philip Morley, I ounty : ministrator Date CONTRACT REVIEW FORM CONTRACT WITH: Jefferson County Public Works TRACKING NO.: (Contractor/Consultant) CONTRACT FOR: Weed Control-County Right of Way TERM: 1/1/23-12/31/23 COUNTY DEPARTMENT: WSU Jefferson Coun t ' -eeontrol For More Information Contact: Joost Besijn NOV 1 0 2020 Contact Phone #: 360.379.5610 ext 205 RETURN TO: Su Tipton RETURN BY giff241 ) Oti Ai TY (Person in Department) 1. ,y. I..pjFiRs AMOUNT: 27,000 PROCESS: ❑ Exempt from Bid Process ❑ Consultant Selection Process Revenue 27,000 ❑ Cooperative Purchase Expenditure ❑ Competitive Sealed Bid Matching funds Required ❑ Small Works Roster Source(s)of Matching Funds ❑ Vendor List Bid ❑ RFP or RFQ El Other Step1: REVIEW %2�1 +' NT 'evie b Date Reviewed: X1--- APPROVED FORM ❑ Returned for revision(See Comments) Comments Step 2: REVIEW BY • SSEC T ATTORNEY Review by: C Ph C. Hunsucker Date Reviewed: /Os 20-7-0 Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM ❑ Ret rued 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 original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)