HomeMy WebLinkAbout050718_ca03Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE:
SUBJECT: Memorandum of Understanding Between City of Port Townsend and
Jefferson County Noxious Weed Control Board
STATEMENT OF ISSUE:
Control of Noxious Weed within City of Port Townsend Right -Of -Way.
ANALYSIS:
City of Port Townsend and Noxious Weed Control to control noxious weed infestations
defined in this agreement and as described in WAC 16-750-003. Control of these species will
curb the spread of noxious weed within the city.
FISCAL IMPACT:
The City of Port Townsend promises to pay $2,500 to cover the cost of Project Coordinator;
DNR Crew; travel expenditures. Budget is included as APPENDIX 1.
RECOMMENDATION:
Recommend approval of this MOU.
REVIEWED BY:
1 �7 r__eWVountVy
Hipp Mori
Date
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF PORT TOWNSEND
AND
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
This Agreement is made and entered into by and between the Jefferson County Noxious Weed Control
Board, 121 Oak Bay Road, Port Hadlock, Washington, 98339, hereinafter referred to as "Weed Control
Board" and the city of Port Townsend acting through the Department of Public Works, 250 Madison
Street, Port Townsend, WA 98368, hereinafter referred to as "Public Works". For the purposes of this
Agreement, it is understood that all references to Public Works or the Weed Control Board also include
their appointed designee(s).
WHEREAS, the City of Port Townsend, through its Public Works Department (Roads Division),
operates and maintains approximately 1000 acres of public right-of-way in order to provide for safe and
efficient transportation of people and goods.
WHEREAS, the Jefferson County Noxious Weed Control Board has a stated mission "To serve as
responsible stewards of Jefferson County by protecting the land and resources from the degrading impact
of noxious weeds," and
WHEREAS, the Weed Control Board has identified poisonous noxious weeds requiring control within
City of Port Townsend road right -of way,
NOW, THEREFORE, pursuant to the above recitals, Public Works and the Weed Control Board
(collectively hereinafter "Parties" to this Agreement) acknowledge and agree to work cooperatively in
accordance with the following:
PURPOSE OF AGREEMENT
The purpose of this Agreement is to define the obligations of both Parties related to the control of noxious
weeds in the City of Port Townsend limits for the term of the Agreement.
SCOPE OF WORK
The Parties shall undertake the work as set out below.
City of Port Townsend will, within the limitations of this agreement, perform the following:
1. Before July 31 ", 2018 , transfer a cash amount of Two Thousand, Five Hundred Dollars ($2,500) from
the City of Port Townsend Fund to the Weed Control Board Fund for the purpose of controlling noxious
weed infestations defined in this agreement, as described in WAC 16-750-003.
Interlocal Agreement, City of Port Townsend — Weed Control Board
2. Use city mowing equipment, as available within the constraints of other scheduled work, to mow
weeds within the right-of-way according to BMPs provided by the Weed Control Board.
3. Report locations of noxious weeds to Weed Control Board staff when found.
4. Participate in one annual training on preventative noxious weed control measures provided by Noxious
Weed Board.
5. Participate in two meetings with Weed Control Board staff to review work deliverables, priorities,
methods, etc.
The Weed Control Board will, within the limitations of this agreement, perform the following:
1. Utilize the $2,500 cash transfer for the purpose of controlling the following noxious weed infestations
by means of employing staff, contractors, or other agencies with the appropriate personnel and
equipment:
a. Remove Poison hemlock (Conium maculatum) from highlighted areas on East Sims Way,
West Sims Way, 12' Street, Landes Street, 19th Street, Discovery Road, San Juan Avenue,
Blaine street, and Kearney Street, as depicted in Image 1, Appendix II.
2. Be solely responsible for the activities conducted by its staff and/or contractors within the right-of-way.
3. Will utilize hand removal control methods in accordance with City of Port Townsend municipal code.
4. Will schedule and participate in at least two meetings with Public Works staff to review work
deliverables, priorities, methods, and report on what was accomplished and how the funds were used.
6. Provide one annual training on preventative noxious weed control measures.
TIME OF PERFORMANCE
This Agreement shall be effective from 05-01-2018 through 07-31-2018, a period of three months.
PROJECT ADMINISTRATION
Administration of this Agreement for Public Works shall be conducted by the Public Works Director or
his designee. For the Weed Control Board, the Agreement shall be administered by the Coordinator.
EMPLOYEES
All employees remain employees of their respective agency at all times and shall perform work under the
sole supervision of their agency.
PAYMENT
A fixed transfer of Two Thousand and Five Hundred Dollars ($2,500) will be made from the City of Port
Townsend Fund to the Weed Control Board Fund before July 31" to be used for the purposes outlined in
this Agreement. The Parties agree that this shall constitute the full financial obligation of Public Works
with respect to this issue for the duration of the Agreement.
Interlocal Agreement, City of Port Townsend - Weed Control Board
RIGHT -OF -ENTRY
Weed Control Board staff may enter upon City of Port Townsend right-of-way and parks to perform work
and make the records where work was performed available to the city.
JOINT HOLD HARMLESS
Each party to this Agreement shall be responsible for damage to persons or property resulting from the
negligence on the party of itself, its employees, its agents, or its officers. Neither party assumes any
responsibility to the other party for the consequences of any act or omission of any person, firm, or
corporation not a part to this Agreement.
COMPLIANCE WITH LAWS
All work performed under this Agreement shall comply with all federal and state laws, local laws and
ordinances, and applicable permit requirements.
TERMINATION
Either party may terminate this Agreement by giving written notice to the other, at the address first noted
herein, of such termination and specifying the effective date thereof at least thirty (30) days before the
effective date of such termination.
SEVERABILITY
Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the
remaining provisions of this Agreement shall remain in full force and effect.
ENTIRE AGREEMENT
The Agreement merges and supersedes all prior applications, representations, negotiations, approvals, and
understandings between the Parties hereto relating to the subject matter of this Agreement and constitutes
the entire Agreement between the parties.
Interlocal Agreement, City of Port Townsend — Weed Control Board
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF PORT TOWNSEND
David Timmons, Manager Date
Approved as to form
Steve Gross, Attorney Date
COUNTY OF JEFFERSON
WEED CONTROL BOARD
Joost Besijn, Coordinator Date
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
David Sullivan Date
Chair, Board of Commissioners
Approved as to form
Philip Hunsucker Date
Civil Deputy Prosecuting Attorney
Interlocal Agreement, City of Port Townsend — Weed Control Board
4
w
E
O
u
0
0
AA
W
O
L
N
N
O
V1
x
W
m
3
"O
L
O
ou a
.O p
41
�
O
O
7
O
O
O
O
lA
Lf1
iA
L1
O
C
O
C
co
O
O C
2
N
O c
V►
L} v
CL
O
O
Q
O
O
Ill
Lf1
O
O
O C
O
O
C
tO011
Ln
O C
N
N
v r
CPV:
u
B
AA
W
L
N
O
N
ECL
0
t6
0
x
W
m
3
"O
L
O
ou a
.O p
CPV:
u
B
APPENDIX II: Target area map
Image 1: Target areas for Poison hemlock (Conium maculatum).
Interlocal Agreement, City of Port Townsend — Weed Control Board