HomeMy WebLinkAbout080519_ca04 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: '' o2fl(
SUBJECT: Interlocal Agreement between City of Port Townsend and Jefferson County
Noxious Weed Control Board-Right of Way Weed Control
STATEMENT OF ISSUE:
3 year Interlocal Agreement with the City of Port Townsned to control Noxious Weeds on
Public City Right of Way
ANALYSIS:
Weed Control on City Public Works lands benefits the City of Port Townsend through their
compliance with RCW 17.10 an dreduction of toxic and harmful weeds to people and animals
of the City of Port Townsend.
FISCAL IMPACT:
• $. _• II! - a • • •. •• • e . . :. - • .. .t
•
3.1, 2021 $6,666. $ 5 �cc� To u we + t>..-„a.„d'
RECOMMENDATION:
Recommend Board of Commissioners approve this Interlocal Agreement.
REVIEWED BY:
ditlikreet 7XW7
Philip Morley, •unty Administrate Date
INTERLOCAL AGREEMENT BETWEEN
CITY OF PORT TOWNSEND and THE
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
This Agreement is made and entered into by and between the City of Port Townsend , 250 Madison
Street, Port Townsend,Washington, 98368, hereinafter referred to as "City Public Works" and the
Noxious Weed Control Board, 121 Oak Bay Road, Port Hadlock,Washington, 98339, hereinafter referred
to as"Weed Control Board." For the purposes of this Agreement, it is understood that all references to
the City Public Works or Weed Control Board also include an appointed designee(s).
WHEREAS,the City Public Works operates and maintains the City of Port Townsend's infrastructure to
provide reliable, efficient, and safe transportation of people and goods, and
WHEREAS,the 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 certain noxious weeds requiring control on City Public
Works lands, and
WHEREAS,control of noxious weeds on City Public Works lands benefits the City of Port Townsend
through their compliance with the legal responsibilities regarding noxious weed control as described in
RCW 17.10 as well as reducing the chance of lethal poisoning of people or animals and reduce the
buildup of toxic material; and
WHEREAS,the initial proposal regarding this agreement was presented to the City Manager and public
works department in June 2018.
NOW,THEREFORE, pursuant to the above recitals, City 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 Public Works rights-of-way for the term of the Agreement.
SCOPE OF WORK
The Parties shall undertake the work as set out below.
The City Public Works will, within the limitations of this agreement, perform the following:
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Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board
2. Report locations of noxious weeds to Weed Control Board staff when found.
3. Participate in one annual training on noxious weed control measures provided by Noxious Weed
Board.
4. Participate in one meeting with Weed Control Board staff to preview or review work deliverables,
priorities, and methods.
5.Allow the Weed Control Board volunteer staff, contractors, or other agencies access within the
project area indicated in Appendix II to remove noxious weeds.
The Weed Control Board will, within the limitations of this agreement, perform the following:
1. Utilize the cash transfer to control the noxious weed infestations present in April—June of 2019 ,
within the project area indicated in Appendix II by means of employing staff, contractors, or other
agencies with the appropriate personnel and equipment to effectively control poison hemlock(Conium
maculatum)
2.Will schedule and participate in at least one meeting per year with City of Port Townsend staff to
review work deliverables, priorities, methods,or to report on what was accomplished and how the cash
contribution was utilized.
TIME OF PERFORMANCE
This Agreement shall be effective from 01-01-2019 through 12-31-2019, a period of one year.
PROJECT ADMINISTRATION
Administration of this Agreement for City Public Works shall be conducted by the City Public Works
Director, or a designee. For the Weed Control Board,the Agreement shall be administered by the
Coordinator.
EMPLOYEES
All employees remain employees of their respective organizations at all times and shall perform work
under the sole supervision of their organization.
PAYMENT
A payment of Five Thousand Dollars ($ 5,000.00)will be made from the City Public Works to the Weed
Control Board within 30 days after completion of the Weed Control Board's scope of work.The Parties
agree that this shall constitute the full financial obligation of City Public .
RIGHT-OF-ENTRY
Weed Control Board staff may enter upon City Public Works rights-of-way to conduct weed control
activity.Weed Control Board staff shall record when and where work was performed and shall make
these records available to the City Public Works.
INDEMNIFICATION
To the extent of its comparative liability, each party agrees to indemnify, defend and hold the other
party, its elected and appointed officials, employees, agents and volunteers, harmless from and against
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Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board
any and all 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 elected and appointed officials,employees, agents or volunteers.
A party shall not be required to indemnify,defend, or hold the other party 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.
In the event of any concurrent act or omission of the parties, negligent or otherwise,these indemnity
provisions shall be valid and enforceable only to the extent of each party's comparative liability.
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, if any, 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 in any way by the Washington State
Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act,
disability benefit act or other employee benefit act. Each party hereby 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 or parties.A party's waiver of immunity does not extend to claims made by its
employees directly against the party as employer.The foregoing indemnification obligations have been
mutually negotiated.
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 sixty(60) days before
the effective date of such termination.
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.
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Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board
IN WITNESS WHEREOF,the parties have executed this Agreement.
CITY OF PORT TOWNSEND
David Timmons, City Manager Date
Approved as to form
Heidi Greenwood, City Attorney Date
COUNTY OF JEFFERSON
WEED CONTROL BOARD
Joost Besijn,Coordinator Date
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean, Chair Date
Approved as to form Attest:
10' c/ -1Z.7//s
Philip Hunsucker, Date Carolyn Gallaway Date
Chief Civil Deputy Prosecuting Attorney Deputy Clerk of the Board
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Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board
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