HomeMy WebLinkAboutPUD 1 Weed Control JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Sophie DeGroot, Noxious Weed Control Coordinator
DATE: November 25, 2024
SUBJECT: Public Utility District#1 Noxious Weed Control
STATEMENT OF ISSUE:
Jefferson PUD manages hundreds of acres of land across Jefferson County. Many of these parcels are home
to the infrastructure that serves Jefferson County residents water and power, meaning that these areas are
heavily disturbed. Without proper management of these areas, weed infestations can be moved from site
to site and if seldom visited, may be unknown for many years. Continuing a relationship with PUD means
better monitoring and control of sites before control becomes unfeasible.
The majority of funds will go towards removing Scotch broom (Cytisus scoparius)from the main PUD
corridor between Port Townsend and Anderson Lake. This area consists of over 75 acres. The Scotch broom
in this area is quickly outcompeting the diverse landscape of native plants. By managing it through this
contract, we can fight to keep this area a native pollinator and forage space.
ANALYSIS:
This contract is in its 5th year. Primarily, Washington Conservation Corps crews have preformed the manual
labor to pull and dispose of Scotch broom from the site. This year, PUD has increased their monetary
contribution in order to support the Weed Board's ability to spot treat weeds with herbicide across more
of their properties to aid in management of additional lands and weed infestations.
FISCAL IMPACT:
The contract period of performance runs from January 1, 2025 through December 31, 2027. The contract
amount is $30,000 per year, for 3 years, paid to the Weed Board for Noxious Weed Control. This contract is
funded entirely by the PUD.
RECOMMENDATION:
I recommend the approval of this contract by the Board of County Commissioners.
REVIEWED Y:
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Mark McCaule , ounty Administrator ... Da e
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Jefferson County Public Utility District#1 Contract No: NW-0524
Contract For: Noxious Weed Control Term: Jan 1, 2025 - Dec 31, 2027
COUNTY DEPARTMENT: WSU Ext-Noxious Weed Control Board
Contact Person: Sophie DeGroot
Contact Phone: 360-316-9332
Contact email: sdegroot@co.jefferson.wa.us
AMOUNT: $90,000($30,000 per year) PROCESS: f Exempt from Bid Process
Revenue: $90,000 Cooperative Purchase
Expenditure: 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 COMPLIAN WIT JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: Fir N/A:t l /8, NOV 2l3 Ltf
ig, re 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: I i N/A: n / r NW 20 Z l�
C% Si ature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 11/21/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 11/21/2024.
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
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
PUBLIC UTILITY DISTRICT#1 OF JEFFERSON COUNTY and
JEFFERSON COUNTY on behalf of
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
This Agreement is made and entered into by and between Public Utility District #1 of Jefferson
County, 310 Four Corners Road, Port Townsend, Washington, 98368, hereinafter referred to as
"PUD"and Jefferson County on behalf of the Jefferson County Noxious Weed Control Board, 121
Oak Bay Road, Port Hadlock, Washington, 98339, hereinafter referred to as "County." For the
purposes of this Agreement, it is understood that all references to the PUD or County also include
any 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 County has a stated mission "To protect lands within Jefferson County
from the degrading impacts of noxious weeds by educating residents, property owners, land
managers, and public agencies in how to serve as responsible stewards and aid in the protection
and preservation of the land, water, and natural resources;" and
WHEREAS, the County has identified certain noxious weeds requiring control on PUD
lands; and
WHEREAS, control of noxious weeds on PUD lands benefits the PUD through
compliance with the legal responsibilities regarding noxious weed control as described in Chapter
17.10 RCW, as well as reducing the chance of lethal poisoning of people or animals and the
buildup of toxic material, and
WHEREAS, the initial proposal regarding this agreement was present to the PUD Board
of Commissioners in 2018, and
• NOW, THEREFORE, this Agreement is entered into under the Washington Interlocal
Cooperation Act(Chapter 39.34 RCW),which permits local governmental units to make the most
efficient use of their powers by enabling them to cooperate with other local governments to provide
services and facilities in an efficient manner. The PUD and County will be referred to as "The
Parties"and agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is to define the obligations
of both Parties related to the control of noxious weeds on PUD property for the term of the
Agreement. The Parties agree that no more than Thirty Thousand Dollars ($30,000), annually,
shall constitute the full financial obligation of the PUD with respect to this Agreement.
2. Term of Agreement. This Agreement shall have a term commencing on January 1,
2025 until December 31, 2027, a period of approximately three years, unless either Party initiates
termination as provided in Paragraph 7 of this Agreement. The Parties may agree to extend the
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Interlocal Agreement,Public Utility District#1—Jefferson County Noxious Weed Control Board NW—0524 2025-2027
term of this Agreement; provided, that any extension must be executed in writing by the Parties
prior to the end of the term of the Agreement.
3. Obligations of the County. The County will,within the limitations of this agreement,
perform the following:
A. The County will provide employees, contractors or other agencies with
appropriate personnel and equipment to control noxious weed infestations
effectively, as described in WAC 16-750-003, within PUD limits, to the
extent allowed by the budget described in this Agreement.
B. If using herbicides,the County will conduct the work with properly licensed
and trained staff or contractors and comply with all applicable laws with
respect to the storage and application of herbicides.
C. The County will provide an annual report to the PUD each year of the
Agreement to detail work accomplished, as well as goals and priority sites
and species for the following year, as well as participate in at least one
meeting per year to review deliverables,priorities, and methods.
D. The County will invoice the PUD for work performed under this
Agreement, recognizing the budgetary limits of this Agreement.
4. Obligations of the PUD. The PUD will, within the limitations of this agreement,
perform the following:
A. The PUD will pay all invoices submitted by the County in performing its
obligations under this agreement, up to the amount specified in the
Agreement, which is $30,000, annually. The PUD shall pay any properly
submitted invoice within thirty days after receipt.
B. The PUD will permit Weed Control Board volunteer staff, contractors, or
other agencies access to and occupation of PUD property for the purpose of
removing noxious weeds. - -
C. The PUD will report locations of noxious weeds to Weed Control staff when
found.
5. Contact Persons. The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
A. PUD:
Kevin Streett
PUD General Manager
193 Otto St
Port Townsend, WA 98368
(360) 302-1700
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Interlocal Agreement, Public Utility District#1—Jefferson County Noxious Weed Control Board NW—0524 2025-2027
kstreett a ud.or
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B. County:
Sophie DeGroot
County Noxious Weed Board Coordinator
121 Oak Bay Road
Port Hadlock, WA 98339
(360) 316-9332
sdegroot@co jefferson.wa.us
6. Modification. Either party may request changes to the provisions contained in this
Agreement. Such changes shall be mutually agreed upon and incorporated by written amendment
to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless
made in writing and signed by authorized representatives of the parties hereto.
7. Termination of Agreement. Either party may terminate this Agreement by giving
at least thirty (30) days written notice to the other, to the contact person identified in the
Agreement. The written notice shall specify the effective date of the termination, which shall be
at least thirty (30) days thereafter.
8. Records Retention and Audit. During the term of this Agreement and for a period
not less than six (6) years from the date of final payment by the PUD, the records and accounts
pertaining to Agreement and accounting therefore are to be kept available for inspection and audit
by the County and the state and copies of all records,accounts,documents,or other data pertaining
to this Agreement will be furnished upon request. All other records will follow state records
retention schedules for election records. If any litigation,claim,or audit is commenced,the records
and accounts along with supporting documentation shall be retained until all litigation, claim, or
audit finding has been resolved even though such litigation, claim, or audit continues past the six-
year retention period.
9. Filing of Agreement. Executed copies of this Agreement shall be filed as
.required by RCW 39.34.040.
10. Mutual Indemnity. For its comparative liability,each Party agrees to indemnify,
defend and hold the other Party, its officers, officials, employees, agents and volunteers (and their
marital communities), harmless from and against any 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 officers, officials,
employees, agents or volunteers (and their marital communities). A Party shall not be required to
indemnify, defend, or hold the other Party or its officers, officials, employees, agents and
volunteers (and their marital communities) 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 or its officers, officials, employees, agents or volunteers. If any concurrent act
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Interlocal Agreement,Public Utility District#1—Jefferson County Noxious Weed Control Board NW—0524 2025-2027
occurs or omission of the Parties and their officers, officials, employees, agents and volunteers,
negligent or otherwise, these indemnity provisions shall be valid and enforceable only for the
comparative liability of each Party and its officers, officials,employees,agents or volunteers. 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 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 by the Washington
State Industrial Insurance Act, Title 51 RCW, or by application of any other workmen's
compensation act,disability benefit act or other employee benefit act.Each Party 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, its officers, officials, employees, agents and volunteers
(and their marital communities). A Party's waiver of immunity does not extend to claims made by
its own employees directly against that Party as employer.The indemnity provisions of this section
are a material inducement to enter into this Agreement and have been mutually negotiated. This
section shall survive the expiration or termination of this Agreement.
11. County as Independent Contractor. The County is an independent contractor
for the purposes of the services provided to the PUD under this Agreement.
A. The County is not as an agent, an employee or a servant of the PUD.
B. The County specifically has the right to direct and control County's own activities and
over all of its subcontractors, employees, agents and representatives in providing the
agreed services in accordance with the specifications set out in this Agreement.
C. The County or its subcontractors shall perform the contracted work.
D. The County acknowledges that the entire compensation for this Agreement is in the
compensation provisions of this Agreement and County employees, subcontractors, or
agents are not entitled to any PUD benefits, 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 PUD employees.
E. The County agrees to file all necessary governmental documents,including tax returns,
reflecting income status as an independent contractor for services rendered to the PUD
under this Agreement.
F. Should any governmental agency audit the files and request information on either the
County or the PUD, the County and the PUD agree to furnish immediately the
requesting party with any records, including tax returns, relating to the services
rendered under this Agreement.
G. No subcontractor,employee,agent or representative of the County will be or be deemed
to be, or act or purport to act, as an employee, agent or representative of the PUD.
11. Compliance with Laws. Each Party accepts responsibility for compliance
with federal, state, or local laws.
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12. 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) records retention; and, (c)
indemnification.
13. Severability. Any provision of this Agreement held to be prohibited or
unenforceable shall be ineffective only to the extent of such prohibition or unenforceability,
without invalidating the remaining provisions or affecting the validity or enforcement of such
provisions.
14. Right of Entry. County staff may enter upon PUD property to conduct weed
control activity. County staff shall record when and where work was performed and shall make
these records available to the PUD.
15. General Provisions.
A. No new or separate legal or administrative entity is created to administer the
provisions of this Agreement.
B. This Agreement contains all of the agreements of the Parties with respect to any
matter covered or mentioned in this Agreement.
C. No provision of this Agreement may be amended or modified except by written
agreement signed by the Parties.
D. This Agreement shall be binding upon and inure to the benefit of the Parties'
successors in interest, heirs and assigns.
E. 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.
F. This Agreement may be amended or supplemented only by a writing signed by duly
authorized representatives of all the Parties.
G. 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.
H. The Parties agree that facsimile and electronic signatures shall have the same force
and effect as original signatures.
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I. Any provision of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay
all it sits own attorneys' fees, costs and expenses.
J. It is understood and agreed this Agreement is entered into in the State of
Washington. This Agreement shall be governed by and construed under the laws of
the United States,the State of Washington and the County of Jefferson,as if applied
to transactions entered into and to be performed wholly within Jefferson County,
Washington between Jefferson County residents. No Party shall argue or assert
that any state law other than Washington law applies to the governance or
construction of this Agreement.
K. The venue for any legal action shall be solely in the appropriate state court in
Jefferson County, Washington, subject to the venue provisions for actions against
counties in RCW 36.01.050.
L. Each Party shall be responsible for its own compliance with the Washington Public
Records Act, Chapter 42.56 RCW (as may be amended). This Agreement, once
executed, will be a "public record" subject to production to a third Party if it is
requested under the Chapter 42.56 RCW.
M. No Party may sell, transfer or assign any rights or benefits under this Agreement
without the written approval of all the Parties.
(Signatures Follow on Next Page)
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Interlocal Agreement,Public Utility District#1—Jefferson County Noxious Weed Control Board NW—0524 2025-2027
IN WITNESS THEREOF,the parties hereto have caused this Agreement to be duly executed,
such parties acting by their representatives being thereunto duly authorized.
PUBLIC UTILITY DISTRICT#1 OF JEFFERSON COUNTY
Kevin Streett, PUD General Manager Date
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lnterloeal Agreement,Public Utility District#1—Jefferson County Noxious Weed Control Board NW—0524 2025-2027
JEFFERSON COUNTY WASHINGTON
Board of County Commissioners
Jefferson County, Washington
BY:
Kate Dean, Chair Date
BY:
Greg Brotherton, Commissioner Date
BY:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Gallaway,CMC Date
Clerk of the Board
Appro d orm only:
j for 11/21/2024
hilip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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Interlocal Agreement,Public Utility District#1-Jefferson County Noxious Weed Control Board NW-0524 2025-2027