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HomeMy WebLinkAbout091117_ca04Consent Agenda Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Su Tipton DATE: September 11, 2017 RE: Installation of Chetzemoka Rain Garden, MRC 2016-17 Grant task STATEMENT OF ISSUE: Rain Garden construction to be located in Chetzemoka Park for educational purposes as well as to mitigate stormwater impacts to Puget Sound. The City of Port Townsend agrees that a raingarden would be beneficial to alleviate flooding in the street and the Park. ANALYSIS: Installation of this rain garden in Chetzemoka Park is a functional asset to the mitigation of stormwater to the Puget Sound and the future education of the function of raingardens in our communities. This functional garden will only enhance the community with beauty but with the mitigation of stormwater and the education of this science in action across generations of our population. FISCAL IMPACT: This construction is conducted within the MRC 2016-17 grant that ends September 30,2017, at which time the funding for this project will end. RECOMMENDATION: Recommend the Board of Commissioners approve this contract. DEPARTMENT CONTACT: Su Tipton REVIEWED BY: l Ptrt p Morley, Ccou ty Administrate Date INTERLOCAL AGREEMENT BETWEEN CITY OF PORT TOWNSEND AND JEFFERSON COUNTY ON BEHALF OF JEFFERSON COUNTY COOPERATIVE EXTENSION This Interlocal Agreement is a binding agreement by and between the City of Port Townsend, hereinafter referred to as the "City' and Jefferson County on behalf of Jefferson County Cooperative Extension, hereinafter referred to as "JCCE." BACKGROUND and PURPOSE: JCCE proposes to design and construct a rain garden in the City's Chetzemoka Park (the "Park") for educational purposes as well as to mitigate stormwater impacts to Puget Sound. The City agrees that a rain garden would be beneficial to alleviate flooding in the street and in the Park. AGREEMENT 1. The City agrees to allow JCCE to construct the rain garden in the approximate location shown at Exhibit A. The parties may agree in writing to change this location. 2. The rain garden will be constructed generally according to the design shown at Exhibit B. The parties may agree in writing to modify this design. 3. The City will be responsible for excavation of the site, for providing a bioretention soil mix (60% sand/40% compost), and for providing 8 yards of mulch. If City permits are required, the City will be responsible for applying for those permits. 4. JCCE will provide design, project oversight, and construction. JCCE may video the construction process for educational purposes, and will obtain releases from all participants if it chooses to do so. 5. Each party shall protect and hold harmless the other party from and against all claims, suits, or actions arising from any negligent act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing under the terms of this agreement. Each party shall indemnify the other party to the extent of damages, costs, and/or losses to third parties arising from their negligent acts or omissions or that of their employees, agents, and/or authorized subcontractors in performance of this agreement. 6. This Agreement constitutes JCCE's unconditional donation of all the plants, signage, and other materials used in construction of the rain garden to the City. 7. JCCE agrees that it will monitor the functions of the rain garden for the duration of this agreement. If JCCE determines that maintenance or repair of the rain garden is needed they will undertake the necessary work after coordination with the City. 8. This agreement shall remain in effect until September 30, 2018 or when terminated by either party, whichever occurs first. A notice of termination must be provided in writing 30 calendar days before the effective termination date. 1 of 6 9. This Interlocal Agreement shall not relieve either party of any obligation or responsibility imposed upon it by law. 10. Should any part of this agreement be declared invalid by a court of proper jurisdiction, the remaining provisions of the agreement shall remain in effect. 11. This Interlocal Agreement becomes effective on the date of the final approved signature, subject to ratification by the governing bodies of both parties.. Signed this day of JEFFERSON COUNTY BOARD OF COMMISSIONERS 2017. CITY OF PORT TOWNSEND Kathleen Kler, Chair Date David G. 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