HomeMy WebLinkAboutInvasive Weed Control in South Jefferson County Hood Canal Salmon Enhancement Group JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Su Tipton
DATE: 17 Zl—
SUBJECT: Hood Canal Salmon Enhancement Group-Invasive Weed Control 2022-25
STATEMENT OF ISSUE:
Hood Canal Salmon Enhancement Group, HCSEG, is asking Jefferson County for permission to control
invasive weeds designated for mandatory control in Jefferson County on Jefferson County properties located
on the Dosewallips River, Little Quilcene River and Big Quilcene River.
ANALYSIS:
The HCSEG, will provide services, staff and all things necessary to complete this task.
FISCAL IMPACT:
HCSEG will not require any payment by Jefferson County for the completed work and for services rendered.
HCSEG is funded through a grant from the Washington State Receation and Conservation Office (RCO)-
Salmon Recovery Funding Board (SRFB).
RECOMMENDATION:
Recommend approval of tis agreement.
REVIEWED BY:
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Mark McCau , County Administrator Dat
PROFFESIONAL SERVICES AGREEMENT
Between
Hood Canal Salmon Enhancement Group
And
Jefferson County
THIS AGREEMENT is entered into between the Hood Canal Salmon Enhancement Group, 600
NE Roessel Rd, Belfair, Washington 98528, hereinafter referred to as "HCSEG", and the County
of Jefferson, hereinafter referred to as "the County." For the purposes of this MOU,it is
understood that all references to the County or HCSEG also include an appointed designee(s).
1. Project and Access. The County is granting access to HCSEG to control invasive weeds
designated for mandatory control in Jefferson County on Jefferson County properties located
on the 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
Agreement, and the performance of the work set forth in Exhibit A, attached hereto and
incorporated herein. The services provided by HCSEG are funded through a grant from the
Washington State Recreation and Conservation Office(RCO) - Salmon Recovery Funding
Board (SRFB) PRISM#21-1034, acquired by HCSEG.
2. Scope of Services. HCSEG agrees to, through HCSEG employees or subcontractors,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 June 1,2022 and continues
through December 31, 2025 unless terminated as provided herein. Work performed prior to
the execution of this contract is hereby ratified.
4. Payment. 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. HCSEG shall defend, indemnify and hold the County, its officers, officials,
employees, agents and volunteers (and their marital communities)harmless from any claims,
injuries, damages, losses or suits, including attorney's fees, arising out of or resulting from
the acts, errors or omissions of HCSEG in performance of this Agreement, except for injuries
and damages caused by the sole negligence of the County. Should a court of competent
jurisdiction determine this Agreement is subject to RCW 4.24.115 if liability for damages
occurs arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of HCSEG and the County, its officers, officials, employees,
agents and volunteers(and their marital communities)HCSEG's liability, including the duty
and cost to defend, shall be only for HCSEG's negligence. It is further specifically
understood that the indemnification provided constitutes HCSEG's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. This section shall survive the
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expiration or termination of this Agreement.
7. Insurance. HCSEG shall obtain and keep in force during the terms of the Agreement, policies
of as follows:
a. Workers Compensation. If 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 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 HCSEG is located.
b. 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 HCSEG's
performance of the contract.
c. 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.
d. Insurance Provisions Applicable to All Insurance Required by this Agreement.
i. All insurance provisions for the
ii. Insurance coverage shall be evidenced by one of these methods:
A. Certificate of insurance; or,
B. Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
iii. Any deductibles or self-insured retention shall be declared to and approved by the
County before the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention, or
I-ICSEG shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
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iv. Failure of IICSEG to take out or maintain any required insurance shall not relieve
HCSEG from any liability under this Agreement, nor shall the insurance requirements
be construed to conflict with or otherwise limit the obligations about indemnification
of the County.
v. HCSEG's insurers shall have no right of recovery or subrogation against the County,
its officers, officials, employees, agents and volunteers (and their marital
communities),it being the intention of the parties that the insurance policies so affected
shall protect all the parties and shall be primary coverage for all losses covered by the
above described insurance.
vi. Insurance companies issuing HCSEG's insurance policy or policies shall have no
recourse against the County, its officers, officials, employees, agents and volunteers
(and their marital communities)for payment of any premiums or for assessments under
any form of insurance policy.
vii. All deductibles in HCSEG's insurance policies shall be assumed by and be at the sole
risk of HCSEG.
viii. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment
due, or to become due, to HCSEG until HCSEG shall furnish additional security
covering such judgment as may be determined by the County.
ix. Any coverage for third party liability claims provided to the County by a "Risk Pool"
created under Ch.48.62 RCW shall be non-contributory regarding any insurance policy
HCSEG shall provide to comply with this Agreement.
x. The County may, upon HCSEG's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation otherwise due to
HCSEG.
xi. HCSEG shall provide a copy of all insurance policies specified in this Agreement.
xii. Written notice of cancellation or change in IICSEG's insurance required by this
Agreement shall reference the project name and agreement number and shall be mailed
to the County at the following address: Jefferson County Risk Management, P.O. Box
1220, Port Townsend, WA 98368.
xiii. HCSEG's liability insurance provisions shall be primary and noncontributory
regarding any insurance or self-insurance programs covering the County, its officers,
officials, employees, agents and volunteers (and their marital communities).
xiv. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, agents and
volunteers (and their marital communities).
xv. HCSEG's insurance shall apply separately to each insured against whom claim is made
or suit is brought, except regarding the limits of the insurer's liability.
xvi. HCSEG shall include all subcontractors as insured under its insurance policies or shall
furnish separate certificates and endorsements for each subcontractor. All insurance
coverage for subcontractors shall be subject to all the requirements stated in this
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Agreement. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations on
indemnification.
xvii. HCSEG shall maintain all required insurance policies in force from the time services
commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced.
xviii. HCSEG shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for limits
of liability or gaps in coverage need not be placed with insurers or re-insurers licensed
in the State of Washington.
xix. Certificates of insurance as required by this Agreement shall be delivered to the County
within fifteen (15) days of execution of this Agreement.
xx. The County shall be named as an"additional insured"on all insurance policies required
by this Agreement.
xxi. HCSEG shall furnish the County with properly executed certificates of insurance that,
at a minimum, shall include:
A. The limits of overage;
B. The project name and agreement number to which it applies;
C. The certificate holder as Jefferson County, Washington and its elected
officials, officers, and employees with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368, and,
D. A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty (30) days prior written notice to the County.
xxii. To the extent a certificate of insurance lists or refers to any endorsements solely by
name, description or number it shall be the responsibility of IICSEG to obtain and
provide to the Jefferson County Risk Management full and complete copy of the texts
of such endorsements.
xxiii. If the proof of insurance or certificate indicating the County is an "additional insured"
to an insurance policy obtained by 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 HCSEG to obtain the full text of that endorsement and forward that full
text to the County.
8. Independent Contractor. HCSEG and the County agree that HCSEG is an independent
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, including, but not limited to: retirement, vacation pay; holiday pay; sick leave
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pay; medical, dental or other insurance benefits; fringe benefits; or any other rights or
privileges afforded to Jefferson County employees. 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. The Contractor agrees to file all necessary
governmental documents, including tax returns, reflecting income status as an independent
contractor for services rendered to the County under this Agreement. Should any
governmental agency audit the files and request information on either the Contractor or the
County, the Contractor and the County agree to furnish immediately the requesting party
with any records, including tax returns, relating to the services rendered under this
Agreement. No subcontractor, employee,agent or representative of the Contractor will be or
be deemed to be, or act or purport to act, as an employee, agent or representative of the
County.
9. Covenant Against Contingent Fees, The Consultant warrants that they have 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 they have 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. 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. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved under this
Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose
decision in the matter shall be final,but shall be subject to judicial review. If either party
deem it necessary to institute legal action or proceeding to enforce any right or obligation
under this Agreement, each party in such action shall pay for its own attorney's fees and
court costs. Any legal action shall be initiated in the Superior Court of the State of
Washington for Jefferson County. The parties agree that all questions shall be resolved by
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application of Washington law and that the parties have the right of appeal from such
decisions of the Superior Court under the laws of the State of Washington. The Contractor
consents to the personal jurisdiction of the Superior Court of the State of Washington for
Jefferson County.
15. Severability. Provided it does not result in a material change in the terms of this Agreement,
if any provision of this Agreement or the application of this Agreement to any person or
circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this
Agreement and the application this Agreement shall not be affected and shall be enforceable
to the fullest extent permitted by law.
16. Survival, Those provisions of this Agreement that by their sense and purpose should survive
the term of this Agreement shall survive the term of this Agreement. Without limiting the
generality of the preceding sentence, and for the avoidance of doubt,the provisions that
survive the term of this agreement include: (a) controlling law; (b) insurance; and, (c)
indemnification.
17. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure
to the benefit of the parties' successors in interest, heirs and assigns.
18. No Third-party Beneficiaries, The parties do not intend, and nothing in this Agreement shall
be construed to mean,that any provision in this Agreement is to benefit any person or entity
who is not a party.
19. Modification of this Agreement. This Agreement may be amended or supplemented only by
a writing signed by duly authorized representatives of all the parties.
20. Signature in Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which counterparts together shall
constitute the same instrument which may be sufficiently evidenced by one counterpart.
Execution of this Agreement at different times and places by the parties shall not affect the
validity of this Agreement, so long as all the parties execute a counterpart of this Agreement.
21. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
22. Maintenance of Records. Each party shall maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
to perform this Agreement. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party,the Office of the
State Auditor, and federal officials so authorized by law. All books,records, documents, and
other material relevant to this Agreement will be retained for six years after expiration of
agreement. The Office of the State Auditor, federal auditors,the Jefferson County Auditor,
and any persons duly authorized by the parties shall have full access and the right to examine
these materials during this period. If any litigation, claim or audit is started before the
expiration of the six (6) year period, the records shall be retained until all litigation, claims,
or audit findings involving the records have been resolved. Records and other documents, in
any medium, furnished by one party to this Agreement to the other party, will remain the
property of the furnishing party, unless otherwise agreed.
23. Public Records Act. Notwithstanding any provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio,paper or other media, must be kept or
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indexed as a public record under the Washington Public Records Act, Chapter 42.56 RCW
(as may be amended), the Contractor agrees to maintain all records constituting public
records and to produce or assist the County in producing such records, within the time frames
and parameters in state law. The Contractor also agrees that upon receipt of any written
public record request, the Contractor shall, within two business days, notify the County by
providing a copy of the request per the notice provisions of this Agreement. This
Agreement, once executed, will be a"public record" subject to production to a third party if
it is requested under the Washington Public Records Act, Chapter 42.56 RCW(as may be
amended)
24. Notices. Notices to the parties shall be sent to the following address:
Hood Canal Salmon Enhancement Group
c/o Jefferson County Noxious Weed Control Board
121 Oak Bay Rd
Port Hadlock, WA 98339
Ph: (360) 316-9332
Email: noxiousweeds@co.jefferson.wa.us
Jefferson County Risk Management,
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9100
25. Integrated Agreement. This Agreement together with attachments or addenda, represents the
entire and integrated between the County and 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.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON HOOD CANAL SALMON
ENHANCEMENT GROUP
Board of County Commissioners
Jefferson County, Washington
By: By:
Heidi Eisenhour, Chair Date Signature
By: Name:
Kate Dean, Commissioner Date
Title:
By: Date:
Greg Brotherton, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
August 22, 2022 for
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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Exhibit A: Scope of Work
The Hood Canal Salmon Enhancement Group(HCSEG) will control the invasive weeds
designated for mandatory control by Jefferson County on Jefferson County properties located
within or adjacent to the riparian management zones of the Dosewallips River, Little Quilcene
River and Big Quilcene River. Treatment of these areas will utilize funding allocated by the state
legislature and Salmon Recovery Funding Board (Project#21-1034). 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 invasive weed
infestations designated for mandatory control by Jefferson County known or discovered in the
area previously identified above. Employees or contractors of HCSEG will use an integrated
weed management approach, in conjunction with the best management practice for the control of
the noxious weed 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, must enter into a contract with WSDA under which
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.
Weed control crews will work closely with the Hood Canal Salmon Enhancement Group staff
and the WSDA Knotweed Control Coordinator, and be active in the field from June 1, 2022 to
December 31, 2025, as allowed by the variable growth season of noxious weeds and any
required preparation or conclusion times.
Equipment:
The noxious weed 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 as well as purchased by HCSEG.
Herbicide:
The noxious weed control crew will only use aquatic formulation herbicides and surfactants for
noxious weed control work. Methods of delivery include the use of a backpack sprayer, hand
held injection gun, or spray bottle for cut-stump methods. Which method of herbicide delivery
will be determined dependent on plant species, plant size, and abundance.
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The following rates of application will be utilized for all control efforts on knotweed and
butterfly bush. All noxious weeds other than knotweed and butterfly bush will be controlled
using rates of herbicide specified on the label.
The herbicide concentration rates used when utilizing a backpack sprayer are as follows:
o Invasive Knotweed
• 1% concentration of Polaris EPA#241-426-228 (Imazapyr)
• 1% concentration of Competitor WA Reg. No. 2935-04001
g (Modified Vegetable
Oil Surfactant, an agent used to assist mixtures ability to stick onto leaves)
• 0.1% Blazon Blue (Dye)
The herbicide concentration rates used when utilizing a hand injection gun on invasive knotweed
are as follows:
• 100% concentration of AquaNeat EPA#228-365 (Glyphosate)
The herbicide concentration rates when utilizing a backpack sprayer on small to medium size
butterfly bush:
• 1.5% - 2% concentration of Renovate EPA#62719-37-67690 (Triclopyr)
• 1%concentration of Competitor WA Reg. No. 2935-04001 (Modified Vegetable
Oil Surfactant, an agent used to assist mixtures ability to stick onto leaves)
• 0.1% Blazon Blue (Dye)
The herbicide concentration rates when cut stump application is used on large sized butterfly
bush:
• 50% concentration of Renovate EPA#62719-37-67690 (Triclopyr)
Task 1:
Organize and conduct knotweed, butterfly bush, and other noxious weed control efforts on
County properties located within or adjacent to the riparian management zone of the
Dosewallips, Little Quilcene and Big Quilcene Rivers on June 1, 2022 through December 31,
2025.
Deliverables:
la)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.
1b)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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