HomeMy WebLinkAboutJefferson County Noxious Weed Control Board - Interlocal 2021-2023 r
INTERLOCAL AGREEMENT BETWEEN
CITY OF PORT TOWNSEND and
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" and the Jefferson County
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 or Weed Control Board also include an appointed designee(s).
WHEREAS,the City's Public Works Department operates and maintains the City's infrastructure in order
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 lands,
and
WHEREAS, control of noxious weeds on City lands benefits the City through the 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 September 2019.
NOW,THEREFORE, pursuant to the above recitals,the City 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 on the City property for the term of the Agreement.
SCOPE OF WORK
The Parties shall undertake the work as set out below.
The City will, within the limitations of this agreement, perform the following:
1. Annually make payment in the amount of Five Thousand Dollars ($ 5,000) within 30 days after
receiving an invoice,from the City to the Weed Control Board for the purpose of controlling noxious
weed infestations defined in this Agreement, as described in WAC 16-750-003.
1
Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board mml
2. Allow the Weed Control Board volunteer staff, contractors, or other agencies access on City property
for the purpose of removing noxious weeds. Weed Control Board shall provide notice to the City of
work to be performed.
The Weed Control Board will, within the limitations of this agreement, perform the following:
1. Utilize the the funds provided by the City for the purpose of controlling noxious weed infestations as
described in WAC 16-750-003 by means of employing staff, contractors, or other agencies with the
appropriate personnel and equipment to effectively control Poison hemlock(Conium maculatum).
2.Take responsibility for the activities conducted by its staff and/or contractors within the project area
by defending and indemnifying the City for any of its activities arising out of, or relating to this
agreement.
3. Annually, contribute$5,000 worth of crew time from the Weed Board funds to controlling noxious
weed infestations as described in WAC 16-750-003.
TIME OF PERFORMANCE
This Agreement shall be effective from 01-01-2021 through 12-31-23, a period of three years..
PROJECT ADMINISTRATION
Administration of this Agreement for the City shall be conducted by the Public Works Director,or a
designee. For the Weed Control Board,the Agreement shall be administered by the Coordinator.
EMPLOYEES
All employees remain employees of their respective agency at all times and shall perform work under
the sole supervision of their agency.The Weed Control Board waives its rights under RCW Title 51,
Industrial Insurance,with respect to any claim involving the City brought by an employee of the Weed
Control Board against the City.
PAYMENT
Apayment in the amount of Five Thousand Dollars ($ 5,000.00)will be made from the City to the Weed
Control Board within 30 days after receiving the Weed Board's invoice.The Parties agree that this shall
constitute the full financial obligation of the City with respect to this issue for the duration of the
Agreement.
RIGHT-OF-ENTRY
Weed Control Board staff may enter upon City property 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.
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.
2
Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board
INDEMNIFICATION
Each party shall indemnify and hold the other harmless for any losses, claims, damages,awards,
penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from
an actual breach of such indemnifying party's representations and warranties made under this
Agreement, provided that the indemnifying party is promptly notified of any such claims.The
indemnifying party shall have the sole right to defend such claims at its own expense.The other party
shall provide, at the indemnifying party's expense, such assistance in investigating and defending such
claims as the indemnifying party may reasonably request.
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.
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.
3
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
�" �� ` �c'•Z/
Jo1h,MroCity Date
Approved as to form:
5-Abl a
10d,i ��re N7rN(X, _._ �.� ......
d, City Attorney Date
COUNTY OF JEF1 I:RSt N Wl,,TD CONTROL BOARD
JOOSt�is�jjCoo ....to
rdmar Date
COUNTY OF JEFFERSON BOARD OF COMMISSIONERS
Kate I e<n, Chair Date
Approved as to form
_: . .__ � ��....� .,.,.,. 2 .
Ca C.� 1'10Jr, D e
Civil Deputy Proseculiiig Attorney
4
Interlocal Agreement, City of Port Townsend—Jefferson County Noxious Weed Control Board