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HomeMy WebLinkAbout5390Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 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: R:\Legal\Legal\Contracts�PUBLIC WORKS�Interlocal Kitsap Noxious Weed Board.docx 4