HomeMy WebLinkAboutClallam Co Noxious Weed JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Sophie DeGroot, Noxious Weed Control Coordinator
DATE: FrAwaary Si, 2024
SUBJECT: Noxious Weeds Control Contract: Clallam County Noxious Weed Control Board
STATEMENT OF ISSUE:
Wild chervil (Anthriscus slyvestris), is a weed of major concern in Jefferson County. It is a Class B noxious
weed that has become widespread along Center Valley Road, Eaglemount Road, Old Eaglemount Road, and
West Valley Road. It is difficult to control and takes timely and consistent use of herbicide. Manual controls
such as hand pulling and mowing have not been found to be effective on such a large scale as we are
working with. Though this weed is not known to be toxic, it grows quickly in thick monocultures, posing a
threat to agriculture in the region.
ANALYSIS:
Our neighbor, Clallam County, found its first point of wild chervil in 2023. Partnering with them is beneficial
to us because controlling wild chervil in Jefferson County will require a push of labor in the short window of
time we have to control the majority of plants before they flower. Having extra people power during that
time will be critical in helping to get this plant under control.
FISCAL IMPACT:
The funding for this contract would be provided through the JCNWCB agreement with Public Works—
Roads Division in support of controlling noxious weeds on County Roads.
RECOMMENDATION:
I recommend approval of this contract.
REVIEWED BY:
Mark McCaule ounty Administrator ate
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Clallam County Noxious Weed Control Boar Contract No: NW-2401
Contract For: WSU Ext- Noxious Weed Control Boqi Term: April 1 -August 31, 2024
COUNTY DEPARTMENT: WSU Ext
Contact Person: Sophie DeGroot
Contact Phone: 360-316-9332
Contact email: sdegroot(a co.jefferson.wa.us
AMOUNT: $5,000 PROCESS: Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: $5,000 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund# 109 RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCEWITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: III N/A: i " T 4 Jan 2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: N/A: f � �
rill I 4 Jan 2023
• Signature Date
STEP 3:RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 1/24/2024.
STEP 4:PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 1/24/2024.
County standard PSA language.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
PROFESSIONAL SERVICES AGREEMENT FOR
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD (COUNTY)
AND
CLALLAM COUNTY NOXIOUS WEED CONTROL BOARD(CONTRACTOR)
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of
Jefferson, a municipal corporation ("County"), and the Clallam County Noxious Weed Control Board
("Contractor"), in consideration of the mutual benefits,terms,and conditions specified below.
1. Project Designation. Contractor is retained by County to perform the following Project:
Jefferson County Public Works Roads Department Noxious Weed Control Project:
The Jefferson County Noxious Weed Control Board(JCNWCB)has partnered with the Jefferson County
Public Works(Roads Division)to provide services for weed control along right of ways on county roads.
2. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A" attached hereto
including the provision of all labor.
3. Time for Performance. This Agreement shall commence on April 1, 2024 and continue through August
31,2024. Work performed consistent with this Agreement during its term,put prior to the adoption of this
Agreement,is hereby ratified. Contractor shall perform all services pursuant to this Agreement as outlined
on Exhibit"A". Time is of the essence in the performance of this Agreement.
4. Payment. Contractor shall be paid by County for completed work and for services rendered under this
Agreement as follows:
a. Payment for the work provided by Contractor shall be made as provided on Exhibit`B" attached
hereto, provided that the total amount of payment to Contractor shall not exceed $5,000 without
express written modification of this Agreement signed by County.
b. Invoices must be submitted by the 15th of the month for the previous month's expenses. Such
invoices will be checked by County, and upon approval thereof, payment will be made to
Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to
Exhibit B of this Agreement may result in a denial of reimbursement.Invoices not submitted within
60 days may be denied.
c. Final payment of any balance due Contractor of the total contract price earned will be made
promptly upon its ascertainment and verification by County after the completion of the work and
submittal of reports under this Agreement and its acceptance by County.
d. Contractor's records and accounts pertaining to this Agreement are to be kept available for
inspection by representatives of County and state for a period of six(6)years after final payments.
Copies shall be made available upon request.
5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings,
specifications,and other materials produced by Contractor in connection with the services rendered under
this Agreement shall be the property of County whether the project for which they are made is executed
or not. Contractor shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Contractor's endeavors. Contractor
Professional Services Agreement, WSU Ext Noxious Weeds—2024 Page t of I I
shall not be held liable for reuse of documents or modifications thereof, including electronic data, by
County or its representatives for any purpose other than the intent of this Agreement.
6. Compliance with laws. Contractor shall, in performing the services contemplated by this Agreement,
faithfully observe and comply with all federal,state,and local laws,ordinances and regulations,applicable
to the services to be rendered under this Agreement.
7. 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.
8. Audit.An audit will be submitted to County upon request. Upon request, Contractor will submit the most
recent financial audit within 30 days.
a. Upon request County shall have the option of performing an onsite review of all records,
statements, and documentation.
b. If County finds indications of potential non-compliance during the monitoring process, County
shall notify Contractor within ten (10)days. County and Contractor shall meet to discuss areas of
contention in an attempt to resolve issues.
c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit
Organizations AICPA SOP 78-10, and is performed in accordance with 'generally accepted
auditing standards and with Federal Standards for Audit of Governmental Organizations,
Programs, Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as
applicable.
9. Indemnification. Contractor shall indemnify and hold harmless County, its past or present employees,
-officers, agents, elected or appointed officials or volunteers (and their marital communities), from and
against all claims,losses or liability,or any portion thereof,including reasonable attorney's fees and costs,
arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own
employees, or damage to property occasioned by a negligent act, omission or failure of Contractor.
Contractor shall be liable only to the extent of Contractor's proportional negligence. Contractor
specifically assumes potential liability for actions brought against County by Contractor's employees,
including all other persons engaged in the performance of any work or service required of Contractor
under this Agreement and, solely for the purpose of this indemnification and defense, Contractor
specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. Contractor
recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and
was subject of mutual negotiation. This section shall survive the expiration or termination of this
Agreement.
Professional Services Agreement,WSU Ext Noxious Weeds—2024 Page 2 of 11
it
10. Insurance. Parties understand and agree Contractor is self-insured and a member of a liability pool which
includes coverage for professional liability, among other categories of coverage, in adequate quantity to
protect against legal liability arising out of contract activities. Contractor shall provide evidence of its
status as a self-insured entity meeting these requirements within fifteen(15)calendar days of the execution
of this Agreement. Upon request by County, Contractor must describe its financial condition and the self-
insured / liability pool funding mechanism. County, or any other third party, need not be named as
additional insureds under the self-insurance/ liability pool coverage policies as said policies prohibit the
Contractor from naming third parties as additional insureds. Contractor shall give County thirty (30)
calendar days' advance notice of any self-insurance or liability pool cancellation or non-renewal.
1 I. Worker's Compensation(Industrial Insurance).
a. If and only if Contractor 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
Contractor, Contractor shall maintain workers' compensation insurance at its own expense, as
required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage
to County, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all applicable state
and federal laws. This coverage shall include Employer's Liability with limits meeting all
applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own worker's
compensation and employer's liability insurance.
d. Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with
respect to County, under any industrial insurance act, disability benefit act, or other employee
benefit act of any jurisdiction which would otherwise be applicable in the case of such claim.
e. If County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be
recoverable from Contractor.
12. Independent Contractor. Contractor and County agree that Contractor is an independent contractor with
respect to the services provided pursuant to this Agreement. Contractor specifically has the right to direct
and control Contractor's own activities, and the activities of its subcontractors, employees, agents, and
representatives, in providing the agreed services in-accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties. Neither Contractor nor any employee of Contractor 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 pay;medical,dental,or other insurance
benefits;fringe benefits; or any other rights or privileges afforded to Jefferson County employees.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 Contractor,or any employee of Contractor.
13. Subcontracting Requirements.
a. Contractor is
responsible for meeting all terms and conditions of this Agreement including
standards of service, quality of materials and workmanship, costs, and schedules. Failure of a
Professional Services Agreement, WSU Ext Noxious Weeds—2024 Page 3 of 11
subcontractor to perform is no defense to a breach of this Agreement. Contractor assumes
g
responsibility for and all liability for the actions and quality of services performed by any
subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement.Contractor must
provide every subcontractor's written agreement to follow every term of this Agreement before
the subcontractor can perform any services under this Agreement. The Public Health Director or
their designee must approve any proposed subcontractors in writing.
c. Any dispute arising between Contractor and any subcontractors or between subcontractors must
be resolved without involvement of any kind on the part of County and without detrimental impact
on Contractor's performance required by this Agreement.
14. Covenant Against Contingent Fees.Contractor warrants that he has not employed or retained any company
or person, other than a bona fide employee working solely for Contractor, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gifts, or any
other consideration contingent upon or resulting from the award or making of this Agreement. For breach
or violation of this warranty, County shall have the right to annul this Agreement 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.
15. Discrimination Prohibited.Contractor,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, gender, sexual
orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
16.No Assignment. Contractor shall not sublet or assign any of the services covered by this Agreement
without the express written consent of County. Assignment does not include printing or other customary
reimbursable expenses that may be provided in an agreement.
17. Non-Waiver. Waiver by 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.
18. Termination.
a. County reserves the right to terminate this Agreement at any time by giving ten (10) days written
notice to Contractor.
b. In the event of the death of a member, partner, or officer of Contractor, or any of its supervisory
personnel assigned to the project, the surviving members of Contractor hereby agree to complete
the work under the terms of this Agreement, if requested to do so by County. This section shall
not be a bar to renegotiations of this Agreement between surviving members of Contractor and
County, if County so chooses.
c. County reserves the right to terminate this contract in whole or in part,with 10 days' notice, in the
event that expected or actual funding from any funding source is withdrawn, reduced, or limited
in any way after the effective date of this agreement. In the event of termination under this clause,
County shall be liable for only payment for services rendered prior to the effective date of
termination.
Professional Services Agreement, WSU Ext Noxious Weeds—2024 Page 4 of 11
t i
19.Notices. All notices or other communica
tions which any party desires or is required to give shall be
given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email, or
• mailed by depositing in the United States mail, prepaid to the party at the address listed below or such
other address as a party may designate in writing from time to time. Notices to County shall be sent to the
following address:
Jefferson County Risk Management
P.O. Box 1220
Port Townsend, WA 98368
Notices to Contractor shall be sent to the following address:
Christina St.John
Clallam County Noxious Weed Control Board
223 E 4th St, Ste 15
Port Angeles, WA 98362
360-417-2442
Christina.stjohn@clallameountywa.gov
20. Integrated Agreement, This Agreement together with attachments or addenda represents the entire and
integrated Agreement between County and Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. No representation or promise not expressly contained in
this Agreement has been made. This Agreement supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, by County within the scope of this
Agreement. Contractor ratifies and adopts all statements, representations, warranties, covenants, and
agreements contained in its proposal, and the supporting material submitted by Contractor, accepts this
Agreement and agrees to all of the terms and conditions of this Agreement.
21. Modification of this Agreement. This Agreement may be amended only by written instrument signed by
both County and Contractor.
22. 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 pursuant to the terms of this Agreement shall
be submitted in writing within 10 days to 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 bear
the cost of 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
application of Washington law and that the parties have the right of appeal from such decisions of the
Superior Court in accordance with the laws of the State of Washington. Contractor hereby consents to the
personal jurisdiction of the Superior Court of the State of Washington for Jefferson County.
23. Section Headings. The headings of the sections of this Agreement are for convenience of reference only
and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the
provisions of the sections or this Agreement.
24. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party,
whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or
subsequent breach by either party.
Professional Services Agreement, WSU Ext Noxious Weeds—2024 Page 5 of 11
25.No Oral Waiver.No term or provision of this Agreement will be considered waived by either party, and
no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party
against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon
the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or
default.
26. 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.
27. 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.
28. 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.
29. No Assignment. Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement
without the express written consent of County.
30. 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 for the benefit of any person or entity who is not a party.
31. Signature in Counterparts.The parties agree that separate copies of this Agreement may be signed by each
of the parties and this Agreement shall have the same force and effect as if all the parties had signed the
original.
32. Attachments. Any document in this Agreement identified as an attachment is part of this Agreement and
is incorporated by reference into this Agreement.
33. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have
the same force and effect as original signatures.
34. Arms-Length Negotiations.The parties agree that this Agreement has been negotiated at arms-length.with
.the assistance and advice of competent, independent legal counsel.
35. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any
record, including any electronic,audio,paper or other media, is required to be kept or indexed as a public
record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be
amended, Contractor agrees to maintain all records constituting public records and to produce or assist
County in producing such records,within the time frames and parameters set forth in state law. Contractor
further agrees that upon receipt of any written public record request,Contractor shall,within two business
days,notify County by providing a copy of the request per the notice provisions of this Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, WSU Ext Noxious Weeds—2024 Page 6 of I 1
JEFFERSON COUNTY WASHINGTON CONTRACTOR
Board of County Commissioners Board of County Commissioners
Jefferson County, Washington Clallam County, Washington
By: By:
Greg Brotherton, Commissioner DATE Mike French, Chair DATE
By: By:
Kate Dean, Commissioner DATE Randy Johnson, Commissioner DATE
By: By:
Heidi Eisenhour, Chair DATE Mark Ozias, Commissioner DATE
SEAL: SEAL:
ATTEST: ATTEST:
Carolyn Galloway Date
Clerk of the Board Loni Gores DATE
Clerk of the Board
Approved as to form only: Approved as to form only:
f
O. C 4...144404"..4.2.e.......--
January 24,2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney Bert Dee Boughton DATE
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement,WSU Ext Noxious Weeds—2024 Page 7 of I I
APPENDIX A - SCOPE AND PAYMENT OF SERVICES
Project
Jefferson County Public Works Roads Department Noxious Weed Control Project:
The Jefferson County Noxious Weed Control Board(JCNWCB)has partnered with the Jefferson County Public
Works(Roads Division)to provide services for weed control along right of ways on county roads. Public
Works maintains approximately 400 miles of county roads, which have infestations of county listed noxious
weeds. County road right of ways are a vector for the spread of noxious weeds. Therefore, it is important to
control these weeds early and continue annual maintenance. These noxious weeds pose a threat to the health of
our environment and are required for control by state law.
In 2023,the Clallam Crew was a critical part of increasing the amount of work that could be done to hand-pull
wild chervil in Jefferson County. Due to unforeseen circumstances,we missed the window to spray. In 2024,
chemical treatment of the weeds will be the priority to increase the amount of plants targeted.
Objectives
Under supervision of SPONSOR,crew(s)will perform tasks that control or limit the spread of noxious weeds.
Specific tasks could include control, scientific surveying and monitoring, or reporting.
The predominant weed that is being targeted on Jefferson County Roads is wild chervil,Anthriscus sylvestris.
This Class B weed has an aggressive growth habit which thrives on road sides and quickly creates
monocultures. It poses a serious threat to native plants and agriculture. It is also on the Washington Department
of Agriculture's quarantine list. The partnership between the Jefferson County Noxious Weed Control Board
and the Clallam County Noxious Weed Control Board is to limit the spread of noxious weeds from Jefferson
County to Clallam County. Clallam County has only two reported infestations of wild chervil and the
collaboration on this project will keep it that way, as well as limit the transport of other weeds to and from the
counties.
Considerations and Conditions
I. CONTRAC"I'OR is not responsible for normal wear and tear when project requires the use of SPONSOR-
provided tools, equipment, or.safety gear.
2. The assignment of members shall not result in the displacement of currently employed workers, including
partial displacement such as reduction in hours of non-overtime work, wages,or other employment benefits.
3. If inclement weather makes a project site inaccessible,then the SPONSOR may reassign the crew,or defer
the work to a later date.
CONTRACTOR Deliverables
1. Provide agreed upon number of crew members for scheduled work days.
2. Provide appropriate and necessary herbicide at cost for the project.
3. Provide own equipment for project.
Professional Services Agreement,WSU Ext Noxious Weeds 2024 Page 8 of I I
4. Fill out accurate spray records and provide copies to SPONSOR.
Payment of Services
CCNWCB will invoice JCNWCB within 30 days of completion of work.
Item Details Standard Rate Quantity Subtotal
Coordinator $63/hr
Inspector $50.32 /hr
Seasonal Tech $29.00/hr
Transportation At cost
Herbicide At cost
Supplies Misc, as needed
TOTAL
Scope of Work
Wild chervil has been found along Jefferson County Roads since 2016. Crews have been preforming spot
treatments along the roads for wild chervil,poison hemlock, and common teasel. The main target roads are
Center Valley Rd,Eaglemount Rd, Old Eaglemount Rd, West Valley Rd, and Anderson Lake Rd. See Map A
below for 2023 survey points. Map B outlines the areas targeted for spray in 2024. JCNWCB will survey again
in Spring 2024 and direct the.Clallam Crew on where to treat. As in 2023, priority areas will be sites where the
weeds can most easily transfer to roads that lead to Clallam County. JCNWCB will send out letters to all
adjacent homeowners alerting them to the work.
As needed, crew will spot treat other noxious weeds as directed by the Coordinator, or that they come across
while out in the field.
Professional Services Agreement, WSU Ext Noxious Weeds 2024 Page 9 of 11
MAP A—2023 Survey Points in orange
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Professional Services Agreement, WSU Ext Noxious Weeds 2024 Page 10 of
Mao 13 Targets for wild chervil treatment in 2024
. • • - • •• . -
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' Center Valley Rd,
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Anderson Lake Rd,
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Professional Services Agreement,WSU Ext Noxious Weeds 2024 Page 11 of 1 1