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HomeMy WebLinkAbout032618_ca06Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Su Tipton DATE: RE: Weed Control Agreement in City Parks STATEMENT OF ISSUE: Agreement to conduct noxious weed removal activities in certain City Parks with volunteers. ANALYSIS: Activities through this agreement will promote noxious weed control and volunteerism related to public parks. FISCAL IMPACT: No Fiscal Impact. RECOMMENDATION: Recommend Board to approve this Interlocal Agreement. DEPARTMENT CONTACT: Su Tipton, 3 60.3 79.5 610 x206 REVIEWED BY: Philip Morlev.,Co ty Administrato Date INTERLOCAL AGREEMENT BETWEEN CITY OF PORT TOWNSEND AND JEFFERSON COUNTY ON BEHALF OF JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD 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 Noxious Weed Control Board, hereinafter referred to as "JCNWCB." BACKGROUND and PURPOSE: The JCNWCB proposes to conduct noxious weed removal activities in certain City parks (the "Park or "Parks") in order to control noxious weeds as well as to promote volunteerism related to public parks. The City agrees that these activities would benefit the Parks. AGREEMENT 1. The City agrees to allow JCNWCB to conduct noxious weed removal activities in City -owned Parks when feasible between 03-30-2018 and 12-31-2018. The parties will agree in writing, in advance, which Parks will be the site of the activities 2. The JCNWCB will be responsible for coordinating volunteers, identifying the noxious weeds to be removed and, where appropriate, for providing replacement vegetation through its native plant salvage programs. If City permits are required, the City will be responsible for applying for those permits. 3. The City will dispose of debris. The City will conduct an on-site briefing for the volunteer coordinator (or volunteers) to identify safety matters at each site. 4. The JCNWCB may video or photograph the activity 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 the JCNWCB's unconditional donation of all the plants, signage, and other materials used during the project. 7. This agreement shall remain in effect until terminated by either party, whichever occurs first. A notice of termination must be provided in writing 30 calendar days before the effective termination date. 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. 1 of 2 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 2018. CITY OF PORT TOWNSEND David Sullivan, Chair Date David G. Timmons, City Manager Date Attest: JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD Carolyn Avery Date Deputy Clerk of the Board Approved as to form: 6 '- 3 It2IS Philip Hunsucker Date Chief Civil Deputy Prosecuting Attorney Approved as to form: Steve Gross, City Attorney 2 of 2 Date Date