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5390
KITSAP NOXIOUS WEED CONTROL BOARD
ILA - Integrated Vegetation Management Plan
Public Works
LEG 12-1
5/7/2014
12/31/2016
9/1/2016
2017
Comments :
Agreement
Between the Kitsap Noxious Weed Control Board
and
City of Bremerton
This Agreement is entered into by and between the Kitsap County Weed Control Board
("Board") and the City of Bremerton relating to the development and implementation of an
Integrated Vegetation Management Plan.
Article 1: Purpose
1.01 The purpose of this agreement is to enable the Board Staff to assist City in
developing an Integrated Vegetation Management Plan; provide outreach and education services
as necessary and appropriate at the City's request, and assist the City in developing cohesive
efforts to control noxious weeds as defined in RCW 17.10.
Article 2: Services by Weed Board Staff
2.01 Under the terms of this agreement, the Boazd agrees to provide the following
services:
A. Assist the City in developing an Integrated Vegetation Management Plan.
• Develop a draft plan for initial circulation/public outreach by July 15,
2014.
• Modify draft plan in consideration of public input and provide the
preliminary plan for Council approval by September 15, 2014.
• Target completion of the adopted plan is December 10, 2014.
B. Attend public meetings and City of Bremerton Council meetings as
needed to explain the Integrated Vegetation Management Plan.
C. Assist the City control of Designated Class A and B-designate Noxious
Weeds as defined in WAC 16-750.
D. Provide information and recommendations to assist landowners in their
efforts to comply with RCW 17.10.
E. Provide Control of all Class A and B-Designate Noxious weeds (as listed
in WAC 16-750) within the City Right-of-way and other locations agreed upon and listed each
season. �
F. Keep detailed logs of control procedures.
G. Provide staff to assist with landowner complaints.
H. Pay for all weed inspector wages.
Article 3: Administration
3.01 ADMINISTRATOR: The following individuals are designated as representatives
of the respective parties. The representatives shall be responsible for performance under this
agreement. In the event the designated representatives are changed, the party ma.king the change
shall provide an alternative representative via written documentation.
Kitsap Noxious Weed Control Board:
Dana Coggon (Kitsap County Noxious Weed Control Program Coordinator)
City of Bremerton:
Cha1 Martin (Bremerton Public Works and Utilities Director)
Article 4: Duration and renewal of agreement
4.01 This agreement shall be effective when adopted by the Board and the City, and
shall continue until December 31, 2016. This agreement may be extended by written amendment
thereafter.
Artacle 5: Coffipensation and Invoicing
5.01 Compensation in 2014 will not exceed $25,000. Compensation in subsequent
years shall not exceed $12,500 per year unless agreed to in advance by both parties. Invoicing
will include a listing of expense elements. Invoices may be submitted monthly, or less
frequently at the decision of the Board.
5.02 The Board shall purchase and maintain equipment for use on City properties. If
special equipment is required, the Board will present requests for approval by the City
Representative listed above.
Article 6: Task Orders and Rou�ine Reporting
6.01 Task orders will be documented through email communication.
6.02 The Board Coordinator and Sta.ff will provide an annual report detailing all
noxious weed sites. Report will include photos, specific species information, documentation of
landowner contacts, control procedures, and detailed information about time and mileage spent
in/on City Right-of-Ways and other locations agreed upon.
Article 7: Compliance with All Laws
7.04 Compliance with all laws. Each party shall comply with all federal, state, and
local laws, rules, regulations and ordinances applicable to the performance of this Agreement.
Article 8: Indemnification
8.01 Each party agrees to be responsible and assume liability for its own wrongful
and/or negligent acts or omissions or those of their officials, agents or employees to f the fullest
extent required by law, and further agree to hold the other party harmless from any such liability.
It is further provided that no liability shall attach to the parties by reason of entering into this
contract except as expressly provided herein.
Article 9: Disputes
9.01 Governing law and venue. This Agreement shall be governed exclusively by the
laws of the State of Washington. The Kitsap County Superior Court shall be the sole venue for
any and all suits brought to enforce or interpret the provisions of the Agreement.
9.02 Attorney's Fees. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of a dispute, breach default, or misrepresentation in
connection with any of the provisions of this Agreement, each party shall pay its own attorney's
fees.
Article 10: Termination
10.01 Any party hereto may terminate this Agreement upon thirty (30) days notice in
writing either personally delivered or mailed posta.ge-prepaid by certified mail, return receipt
requested, to the party's last known address for the purposes of giving notice under this
paragraph. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement.
Article 11: General Provisions
11.01 This agreement can be reviewed and mutually amended in writing as needed by
the Board or the City. Any waiver of a term or condition of this Agreement sha11 apply only to
the specified act, occurrence or omission and shall not constitute a waiver as to any other term or
conditions or future act, occurrence or omission. Waiver or breach of any term or condition of
this Agreement shall not be considered a waiver of any prior or subsequent breach.
11.02 In the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications of this Agreement which can be given effect without the invalid term, condition, or
application. To this end, the terms and conditions of this Agreement are declared severable.
Dated this �� Day of � 2014.
Attest: CITY OF BREMERTON
�
�
Shannon L. Corin, City Clerk Pariy Lent,
Approved as to form:
4 �
Roger Lubovic , City 'Attorney
Attest:
KITSAP NOXIOUS WEED CONTROL
BOARD
Approved as to form:
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