Contract - 08-15-2023 - 12983 - 2023 Columbia Land Trust Agreement AS-12983 Consent 2. 5.
BOCC Agenda
Meeting Date: 08/15/2023
2023 Columbia Land Trust Agreement
Submitted For: Jennifer Mendoza Submitted By: Beth Tanner
Department: Noxious Weed Control
Information
Subject and Summary Statement
Attached is an agreement between Cowlitz County, its agent the Cowlitz County Noxious Weed Control
Board (Weed Board), and Columbia Land Trust to provide funding to support noxious weed control
efforts on and around conservation easements along Abernathy Creek. The purpose of this effort is to
protect and enhance the riparian conservation values of the conserved properties.
Will Staff Attend - NAME OF STAFF
Yes - Jennifer Mendoza
Department Recommendation
The Cowlitz County Noxious Weed Control Board recommends the Board of County Commissioners
move to enter into the Agreement with Columbia Land Trust to support noxious weed control on and
around conservation easements along Abernathy Creek.
Fiscal Impact
Expenditure Required $: 0
Budget Sufficient Y-N: Y
Amendment Required Y-N: N
Source of Funds -What Dept ? : 224100
Grant Y-N: N
Attachments
Cowlitz Noxious Weeds Columbia Land Trust Abernathy Easements Project Agreement
Form Review
Inbox Reviewed By Date
Jennifer Mendoza Jennifer Mendoza 08/08/2023 05:40 PM
Form Started By: Beth Tanner Started On:08/08/2023 04:34 PM
:J ,
Columbia Land Trust
C 0"5 CPC V 1"0 TIIC XOiT V A I TO LOVC
AGREEMENT BETWEEN COLUMBIA LAND TRUST AND COWLITZ COUNTY AND ITS
AGENT,THE COWLITZ NOXIOUS WEED CONTROL BOARD
August 1, 2023
PARTIES: Columbia Land Trust(Trust) "TRUST"
850 Officers' Row
Vancouver, Washington 98661
Cowlitz County Noxious Weed Control Board "WEED BOARD"
207 41h Ave N.
Annex Building, First Floor
Kelso, WA 98626
Federal Employer Identification Number: 91-6001310
RECITALS:
THIS AGREEMENT is made and entered into by and between Columbia Land Trust, a
Washington non-profit corporation hereinafter referred to as "Trust,"and Cowlitz County
and its agent the Cowlitz County Noxious Weed Control Board, hereinafter referred to as
"Weed Board."
IT IS THE PURPOSE OF THIS AGREEMENT to provide Cowlitz County and its agent the
Cowlitz County Noxious Weed Control Board with funding to support noxious weed control
and revegetation efforts on and around conservation easements along Abernathy Creek.
The purpose of this effort is to protect and enhance the riparian conservation values of the
conserved properties.
AGREEMENT:
1. Services. Weed Board will perform the services generally described in
Schedule A(the "Services") on seven properties encumbered by conservation easements
held by Trust, located along Abernathy Creek in Cowlitz County, Washington. Weed Board
will report to and receive direction from a Natural Area Manager of Trust. The Scope of
Services detail the project scope,budget,timeline, and deliverables. Any changes to scope,
budget, or timeline of deliverables must be mutually agreed upon in writing by an
amendment to this Agreement.
COWLITZ COUNTYNOXIOUS WEED BOARD—Abernathy Creek Conservation Easements —81112023 1
2. Term. This Agreement is effective August 1, 2023 and will continue until all
Services, as described in the Scope of Services, have been performed or this Agreement is
terminated in accordance with Section 4.
3. Fees and Payment. Trust will pay Weed Board on a time and materials basis
for Services provided as detailed in Schedule A.Work will be billed in half-hour increments
at the rates established in Schedule A. The Weed Board will submit to Trust an itemized
invoice on or before December 1, 2023, and Trust will pay the invoice within 30 days after
receipt. Weed Board will include a detailed accounting of time and materials with invoice.
Trust may also reimburse Weed Board for ordinary and necessary out-of-pocket expenses
incurred in performing the Services ("Costs"). Such Costs must be approved in writing by
Trust prior to being incurred, must be documented by a copy of the original receipt
submitted with Weed Board's invoice, and must be incurred in compliance with Trust's
policies concerning such Costs.
4. Termination.
a. This Agreement may be terminated immediately by Trust upon 10 days
written notice delivered to the other party, in the event Weed Board(i)fails to perform any
of its responsibilities set forth in Schedule A, or fails to make sufficient progress as to
endanger, in Trust's judgment, complete and timely performance; or(ii)breaches any
provision of this Agreement.
b. This Agreement may be terminated immediately by either party
without cause upon 30 days written notice delivered to the other party. Trust will be
obligated to pay Weed Board for any hours worked and Costs incurred by Weed Board
through the date of termination. Sections 6, Error! Reference source not found., 8, and 9 of
this Agreement, and any other obligations or duties that by their nature extend beyond the
termination of this Agreement,will survive termination of this Agreement.
5. Independent Contractor. Weed Board and any person or entity performing
Services on Weed Board's behalf, including but not limited to Weed Board's employees,
agents, affiliates, subsidiaries, and subcontractors (collectively, "Weed Board's Personnel")
are and will be either independent contractors or employees of Weed Board or Cowlitz
County, and not employees or agents of Trust. Neither Weed Board nor any of Weed
Board's Personnel are entitled to participate in any benefit program provided by Trust to its
employees. This Agreement is not intended to form a partnership or joint venture between
the parties.
Weed Board will be solely responsible for payment of compensation to Weed
Board's Personnel, and will withhold from and pay to the appropriate authorities all taxes,
contributions, fees, interest, or penalties imposed or required under any federal, state or
local income, excise, or employment tax laws with respect to Weed Board's performance of
this Agreement, regardless of whether the Services are performed personally or through
Weed Board's Personnel.
6. Work Made for Hire:Assignment of Rights. To the extent permitted by law,
Weed Board agrees that all Work Product prepared or originated by Weed Board or any of
Weed Board's Personnel, whether before or after the execution of this Agreement, will be
COWLITZ COUNTYNOXIOUS WEED BOARD—Abernathy Creek Conservation Easements —81112023 2
subject to protection under federal copyright law and constitutes "work for hire," all rights
of which are owned exclusively by Trust. Weed Board assigns to Trust, its successors and
assigns, in perpetuity, all Weed Board's worldwide title and interest in and to any Work
Product of authorship which Weed Board has in the past, or may in the future, create for
use by Trust and any copyrights which may exist now or hereafter with respect thereto.
Weed Board agrees to sign all lawful papers, applications, and further assignments to cause
any and all of such Work Product of authorship and copyrights relating thereto to be owned
exclusively by Trust, its successors and assigns. Trust will be the owner of any and all data
and map products produced via this contract. However, Weed Board retains the right to use
data, methods, imagery, maps, etc. created for the Trust for its own use in promotion,
education or web display. The Weed Board's logo and citation appears on final versions of all
maps. These ownership and`right to hire'provisions described above do not apply to
standard details commonly used in similar projects. Further,the Weed Board grants the
Land Trust a non-exclusive license to use these details.
7. Conflict of Interest/Disclosure. Weed Board has disclosed, in writing, all
direct or indirect actual or potential conflicts of interest it or any of Weed Board's
personnel may have with Trust. Weed Board agrees to promptly inform the Executive
Director in writing of any conflicts of interest with Trust which become apparent during the
term of this Agreement. A"direct or indirect conflict" is defined as any situation in which an
individual has or may be reasonably construed to have a direct or indirect personal or
financial interest in any business affairs of the Trust, whether because of a proposed
contract or transaction to which the Trust may be a party or may be interested or is under
consideration, or whether such conflict is purely conceptual, because of similarity of
business interests or affairs.
8. indemnity. Weed Board will indemnify and defend the Trust and its officers,
employees, agents, representatives, and affiliates(the "Indemnified Parties")and hold them
harmless from and against any and all losses, liabilities, damages, demands, claims, suits,
actions,judgments, assessments, costs,and expenses, including without limitation interest,
penalties, attorney fees, any and all expenses incurred in investigating, preparing, or
defending against any litigation, commenced or threatened, or any claim whatsoever,and
any and all amounts paid in settlement of any claim or litigation asserted against, imposed
on, or incurred or suffered by any of them, directly or indirectly, as a result of or arising
from the negligent or wrongful acts or omissions of the Weed Board or Weed Board's
Personnel, or from any finding,judgment or other determination or settlement whereby
Trust is deemed or considered to be the employer of Weed Board or of Weed Board's
Personnel.
Weed Board will, prior to commencing work, secure and continuously carry with
commercial insurers acceptable to the Trust, commercial general liability and business
automobile liability insurance with a minimum single limit of$1,000,000.
9. General Provisions.
a. Non-Assignment. This Agreement is personal to the parties and
cannot be assigned by either party without the prior written consent of the other. The
COWLITZ COUNTYNOXIOUS WEED BOARD—Abernathy Creek Conservation Easements —81112023 3
foregoing notwithstanding, this Agreement will be binding on, and will inure to the benefit
of, the parties and their respective successors and permitted assigns.
b. Severabili y. Should any provision of this Agreement be held by a
tribunal of competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement will remain in full force and effect.
C. Counterparts. This Agreement may be executed in one or more
counterparts, all of which taken together will constitute one and the same agreement.
d. Integration and Amendment. This Agreement supercedes all other
agreements between the parties and contains their entire understanding as to its subject
matter. No amendment to this Agreement will be effective unless it is in writing and duly
executed by authorized representatives of the parties. This Agreement will not be varied,
supplemented, qualified or interpreted by any prior course of dealing between the parties
or by any usage of trade.
C. Non-Waiver. The failure or refusal of either party to enjoin any breach
or violation of any provision of this Agreement will not be a waiver of, consent to, or excuse
for any other, different or subsequent breach or violation.
f. Governing Law and Venue. This Agreement will be interpreted and
enforced according to the laws of the state of Washington and any proceeding to enforce
this Agreement or enjoin its breach is to be brought against any of the parties in Cowlitz
County Superior Court of the State of Washington and each of the parties consents to the
jurisdiction of such court(and of the appropriate appellate court) in any such action or
proceeding and waives any objection to such venue.
g. Arbitration. Except for proceedings seeking injunctive or other
equitable relief, any dispute between the parties will be submitted to binding arbitration
according to the Commercial Rules of the American Arbitration Association,but need not be
filed with that organization.
h. Attorney Fees and Costs. In the event that either party initiates
proceedings to enforce this Agreement or enjoin its breach, the prevailing party will be
awarded its reasonable attorney fees and costs at arbitration, trial and on any appeal as set
by the trier of fact.
i. Time of Essence. Time is of the essence with respect to all dates and
time periods set forth or referred to in this Agreement.
10. Notices. Notices required by this Agreement will be deemed effective upon
receipt, if delivered or sent via facsimile, or three days after being sent to the parties by U.S.
certified mail, return receipt requested, to the addresses listed above or as may be revised
by the parties in writing.
Statement of Diversity, Equity and Inclusion
COWLITZ COUNTYNOXIOUS WEED BOARD—Abernathy Creek Conservation Easements —81112023 4
Columbia Land Trust is committed to integrating issues of equity and social justice into our
work(see www.columbialandtrust.org/about-us/equity). This commitment includes hiring
contractors who are also committed to these values through demonstrated business
practices, employment and conduct. Contractors who fail to demonstrate similar
commitments or to conduct their business in a positive spirit towards these commitments
may be removed from the Land Trust's qualified contractor list. Contractors who openly
disregard these commitments while performing work for the Land Trust will be notified by
the Land Trust and, if no corrective action taken, may have this Agreement terminated per
Section 4 of this Agreement.
The Land Trust is committed to providing contracting opportunities to minority and
woman-owned businesses. Weed Board shall notify the Land Trust of any certifications for
their subcontractors or suppliers. The Land Trust may request reporting on the percentage
of contract funding and/or the actual dollars are provided to certified businesses through
this agreement.
EXECUTED IN DUPLICATE on the dates indicated below.
TRUST: WEED BOARD:
COLUMBIA LAND TRUST COWLITZ COUNTY
Board of Commissioners of Cowlitz County,
Washington
Ian Sinks, Stewardship Director (�-
Richard Dahl,Chair an
Date: _
ennis Weber, Commissioner
Arne Mortensen, Commissioner
Op�r COUN4. t A est:
�Q
GA B �
m )al��AJA 1-n g-Az—'?
CO11dTMT 'm, Clerk of the Boar
o wasWr,�to�° �0 l f q lDvhnhvow-c-"
Date: ��J L
COWLITZ COUNTYNOXIOUS WEED BOARD—Abernathy Creek Conservation Easements —81112023 5
SCHEDULE A
SCOPE OF SERVICES
Description of Work
The Weed Board will:
1) Provide weed control services on seven conservation easement properties located along
Abernathy Creek to 1)control existing infestations of priority weeds located on the
conservation easements and 2)reduce the threat of invasion or re-invasion by controlling
priority weeds on adjacent lands and waterways. Priority weeds (target species)are listed
below with specific locations, timing and methods for control.
Note:where Weed Board is required to notify Columbia Land Trust staff, Weed Board
should contact one or both of the following:
Noel Plemmons
ril2lemmonsocolumbialandtriist.org
415-531-2802
Emily Matson
ematson@col u_mbia la ndtrust.org
360-461-5189
• Cowlitz County Class A species
o Survey and control all Cowlitz County Class A noxious weed species during
the course of other weed control work.
o Notify Land Trust staff if new infestations of Class A weeds are identified.
o Control all Class A species observed. Land Trust staff will direct control
methods and timing.
• Knotweed(Polygonum x bohemicum, P. sachalinense, P. cuspidatum, P. polystachum).
o Survey for and control all knotweed within the conservation easement
property boundaries. Spot spray or inject stems in early fall with aquatic safe
Glyphosate.
• Armenian/Himalayan and evergreen/cutleaf blackberry(Rubus armeniacus, R.
laciniatus)
o In areas with dense patches or monocultures of blackberry(shown on map,
below): Mow blackberry using weed wackers in late summer(after July 15).
Spot spray foliage re-growth with aquatic triclopyr in fall, after rains have
begun but prior to first frost.
o In areas with scattered blackberry plants within a matrix of native vegetation:
(includes all remaining areas of Golden, Strom [Donner], Davis, and Veys
North/Veys South [Smith/Anderson]): Systematically survey the area for
blackberry plants and spot spray foliage in the fall, after rains have begun but
prior to first frost.
Scope of Services
L r
r L
ai
r �
� 5
r�1
fAR
Noe
F4
Areas of dense Conservation easement Cowlitz County tax
�— blackberry boundaries parcels
■ Canada thistle (Cirsium arvense),bull thistle (Cirsium vulgare), and tansy ragwort
(Jacobea vulgaris)
Scope of Services
o Target areas include portions of the Strom (Donner), Golden, Davis, and
Mitchell easements. Spot spray with triclopyr in fall at rosette stage.
o Dead head flowering plants if found.
• English holly(Ilex aquifolium)
o Cut-stump or hack-and squirt treatment on known holly plants in late
winter/early spring. Cut-stump treat any re-sprouts that are large enough
to apply herbicide to the cut stem. If plants are re-sprouting after a previous
treatment and the stems are small, cut stems but do not treat with herbicide.
+ Ivy cultivars(Hedera helix, H. hibernica)
o There is one known ivy infestation located on a steep slope at the
downstream end of the Mitchell Conservation Easement property on the left
bank of Abernathy Creek. No control will be implemented on this infestation
in 2023.
o There is one location of tree ivy on the Robben (Fogliani) Conservation
Easement property along the footpath between the creek and the Foglianis'
home near the downstream end of the easement. If this tree is located during
holly control, girdle the tree ivy and remove ivy from a 6 foot diameter
around the base of the tree.
o Survey for additional ivy infestations during holly control in late winter/early
spring. If infestations are found, report the location to Columbia Land Trust
staff. Control these infestations as directed by Land Trust staff.
2)Provide revegetation services on Abernathy Creek easement properties to restore and
enhance riparian habitat as determined necessary by Land Trust staff. If revegetation
services arc needed, Land Trust staff(Emily Matson or Noel Plemmons)will provide work
specifications including location, timing, and methods. Revegetation services may include
one or more of the following:
• Site preparation, including but not limited to scalping or spot-spraying planting
sites,brush-cutting, and weed-eating.
• Planting(bare root or containerized plants)
• Installing mulch and/or plant protectors (tubes or cages)
• Plant maintenance, including but not limited to mowing or spraying to reduce
competing vegetation, installing and/or maintaining plant protectors, and applying
deer repellent.
Table 1 (below) lists the easement properties, contact information for the property owners,
access information, known invasive species infestations, and anticipated revegetation
services.
Terms of Work
It is expected that the Weed Board will use both chemical and mechanical methods for
weed control and revegetation services. The Weed Board is responsible for complying with
all state and federal regulations regarding herbicide application, and for acquiring any
relevant permits. Weed Board will apply best practices for chemical control and will be
Scope of'Services
responsible for determining methods, herbicides, and concentrations unless specified
above or otherwise directed by Land Trust staff.
The Weed Board is responsible for getting prior permission from landowners to access
properties for all work activities. Weed Board will notify adjacent residential neighbors
prior to applying herbicide. Neighbor contact information is included in Table 1.
The Weed Board will mobilize all necessary equipment to provide services. It is anticipated
that equipment may include the following:backpack sprayers, brush cutters (weed wackers
or string trimmers), loppers, hand pruners, machetes, spray bottles, and possibly shovels or
other digging tools.
If additional materials are needed for revegetation services, such as plants, plant
protectors, mulch, or deer repellent, these materials will be provided by the Land Trust
unless otherwise agreed upon with the Weed Board.
All equipment, including Weed Board personnel's boots, shall be free of noxious weeds
upon arrival at the work sites, and shall be free of noxious weeds before de-mobilization.
COVID-19 Safety
Weed Board employees are aware of COVID-19 safety procedures and will take proper
measures to avoid spreading the virus ..
Project Schedule
Work will be completed throughout the year,with timing of work entries to be determined
according to methods used.
Project Deliverables
Prior to or concurrent with submitting the yearly invoice, the Weed Board will provide the
Trust with an annual summary of services performed by easement property, including:
• Dates of work
• Weed control methods, species, estimated areas treated, and herbicides used
• Revegetation tasks performed
• Observations about plant survival and threats to plant establishment(competing
vegetation, deer browse, etc.)in planting areas on Strom and Davis Easements.
Project Budget
Total budget is not to exceed $3,220.00 without prior approval from Columbia Land Trust.
Scope of Services
Budget Estimate Timeframe
"I(blank) Grand Total
Row Labels T Ex nse Type2 Role Detail Details blank
Columbia Land Trust
Projection !-'-')Labor
I
Labor
�3Technicians '+I Lead $ (80S.32) $ (80S.32)
±'Tech 2 $ (447.40) $ (447.40)
13staff ,+'(blank) $ (1,788.16) $(1,788.16)
LaborTaial $ (3,040.88) $(3,040.88)
+±'Travel $ (94.32) $ (94.32)
'Groupl
]Supplies
(Herbicides A(blank) $ (30.00) $ (30.00)
'a PPE J(blank) $ (iS.00) $ (1S.00)
,other ;±'(blank) $ (40.00) $ (40.00)
Supplies Total $ (85.00) $ (8S.00)
3(blank)
Grand Total $ 3,220.20
Scope of Services
Table 1: Scope of Services by Conservation Easement Property
Site Landowner Name& Easement Treatment Area Known Invasive Access
Contact Info Acres outside Easement Species Infestations
Area
Abernathy Ginnie&Vince Donner 4.10 Edges of field Canada thistle,bull Can drive into south end of field via Donner's
Creek- 1791 Island Drive adjacent to thistle,tansy ragwort, gate.Gate is kept locked - contact Donners for
Strom Longview,WA 98632 easement area,-1.5 Himalayan blackberry, access. Site is flat.
ginnvinn@comcast.net acres knotweed.
360-577-5979
Abernathy Vicki Jeans 2.78 Adjacent field north Canada thistle,bull Can drive in on bridge over private property to
Creek- 3124 Maple St. of easement and thistle, tansy ragwort, park at north end of site(north end of field).
Golden Longview,WA adjacent area east of Himalayan blackberry, Site is flat. Landowner would likely permit ATV
360-423-9446 easement, -1.5 acres knotweed. use in field,with permission.
Todd Golden
1512 Pike St.
Centralia,WA 98531
360-508-3925
Abernathy Robert&Sandra Davis 5.53 Field buffer adjacent Canada thistle,bull Drive in on Davis'bridge and driveway; park
Creek- 1002 Abernathy Creek Rd to easement, if thistle,tansy ragwort, near barn. Landowner would likely permit ATV
Davis Longview,WA 98632 priority species Himalayan blackberry, use if needed along the old road paralleling the
360-577-1043 found. knotweed,re- site on upland side.
sprouting holly.
Abernathy Monty Mitchell(Jim's 3.18 Field buffer adjacent Canada thistle,bull Walk-in access to upstream end of site from
Creek- son) to easement on east thistle,tansy ragwort, the Davis property. For drive-in access,
Mitchell 124 Greenridge Dr. and west sides. Himalayan blackberry, landowner lives out of the state but permits
Dalton MA 1226(413)684- knotweed,ivy, access via driveway at downstream end of
2156 possibly re-sprouting easement.Contact neighbor, Dick Peters,to
holly. open the gate after obtaining permission from
Monty. Dick Peters: 360-577-4584.There is also
a pullout along Abernathy Creek Road.
Scope of Services
Site Landowner Name& Easement Treatment Area Known Invasive Access
Contact Info Acres outside Easement Species Infestations
Area
Abernathy Mike Smith 1.32 Small buffer along Canada thistle,bull Park along Mike Smith's driveway at upstream
Creek- 101 Slide Creek Rd north and upland thistle,tansy ragwort, end of site,with permission from Mike
Veys North Longview,Washington edges of knotweed,Himalayan (driveway is gated).Easement area is mostly
98632 conservation blackberry(north flat; adjacent upland is moderately sloped.
Phone: (360)751-1850 easement,if needed. edge and upland).
m.smithl@live.com
Abernathy Frank Anderson 2.68 Small buffer along Canada thistle,bull Landowner does not live on site,but relatives
Creek- 72683 Beaver Springs Rd upland edge of thistle,tansy ragwort, do. Foot access via Veys North easement(Smith
Veys South Rainier,Oregon 97148 conservation knotweed, Himalayan property).Alternative drive-in access available,
503-556-0089 easement,if needed. blackberry(in upland). with permission,via neighbor Oscar Mitchell's
forest road. Notify Oscar Mitchell prior to
access:
157 Slide Creek Road,Longview,WA 98632. Site
is steep in portions.
Abernathy Al Fogliani&Lisa Ruther 5.33 Small buffer along Canada thistle,bull Foot access via creek.Alternative access
Creek- PO Box 2834 upland edge of thistle,tansy ragwort, available,with permission,via neighbor Oscar
Robben Longview,Washington conservation knotweed,Himalayan Mitchell's forest road.Notify Oscar Mitchell
98632 easement,if needed. blackberry(in upland), prior to access:157 Slide Creek Road, Longview,
lisa.ruther@gmail.com ivy,holly(few plants in WA 98632. Site is steep in portions.
upland).
Scope of Services
Scope of Services