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HomeMy WebLinkAboutResolution_Interlocal_Noxious Weed and FCZDKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: May 5, 2020 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Director's Signature on an Interlocal Agreement between Kittitas County Flood Control Zone District and Kittitas County Weed Control Board for Weed Management on Flood Control Zone District owned lands. BACKGROUND: • On March 2, 2020 Kittitas County Public Works entered into a grant agreement with the Department of Ecology. This grant agreement provides funding for land stewardship activities on County -owned properties purchased for flood control purposes. Control of invasive weeds is one of the activities funded through this grant. • This Interlocal Agreement (ILA) is entered into by the Kittitas County Weed Control Board (Board) and Kittitas County Flood Control Zone District (District) in order to manage weeds on properties purchased for Flood Control Management Purposes. • Pursuant to the ILA, the Board will provide labor, equipment, materials and supplies or contract for those services necessary control weeds on the District owned lands • The project is budgeted in the 2020 Flood Control Zone District budget. INTERACTION: RECOMMENDATION: HANDLING: ATTACHMENTS: LEAD STAFF: Public Works and the Weed Control Board. Approve the Resolution to Authorize the Director's signature on the Interlocal Agreement Return one original to Public Works. Resolution; Interlocal Agreement Arden Thomas, Water Resource Program Manager. BOARD OF COUNTY CONIMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2020 - AUTHORIZE THE DIRECTOR'S SIGNATURE ON THE INTERLOCAL AGREEMENT WITH THE KITTITAS COUNTY WEED CONTROL BOARD TO MANAGE WEEDS ON FLOOD CONTROL ZONE DISTRICT LANDS WHEREAS: The Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter, and WHEREAS: The Kittitas County Flood Control Zone District (KCFCZD) has acquired property, "Flood Control Zone District Lands," for the purposes of reducing flood risk and reliance on flood management infrastructure, enhancing fish and wildlife habitat, and supporting potential flood -compatible agricultural uses; and WHEREAS: KCFCZD requires weed control services to address noxious weeds that degrade agricultural and natural areas and to support broader riparian revegetation efforts; and WHEREAS: KCFCZD and the Kittitas County Noxious Weed Control Board all desire that weeds be controlled on Flood Control Zone District lands; and WHEREAS: The Flood Control Zone District has budgeted for this activity in its 2020 budget approved by the Board of County Commissioners in Resolution 2019-185; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Director's signature on the Interlocal Agreement with the Kittitas County Noxious Weed Control Board supporting weed control on Flood Control District Lands. DATED this 5th day of May, 2020, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Brett Wachsmith, Chairman Laura Osiadacz, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Cory Wright, Commissioner INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND KITTITAS COUNTY NOXIOUS WEED CONTROL BOARD This Interlocal Agreement is made and entered into this 5a' day of May, 2020, by and between Kittitas County through the Kittitas County Noxious Weed Board (hereinafter the "Weed Control Board" or `Board") and the Kittitas County Flood Control Zone District (hereinafter the "District"). WHEREAS, the District desires to contract with the Weed Control Board, and the Weed Control Board agrees to have the Board perform noxious weed control services on District owned lands, and WHEREAS, this Agreement for cooperative services is authorized by the provisions of Chapter 39.34 Revised Code of Washington, the Interlocal Cooperation Act, and NOW, THEREFORE, it is hereby agreed as follows: 1. Statement of Work. The Weed Control Board shall perform such services and accomplish such tasks, including the furnishing of all labor, equipment, materials and supplies and otherwise do all things as are necessary for or incidental to the weed control work, or contract for those services necessary to carry out the Board's work under the terms of this Agreement. The weed control services shall be performed on the District owned lands. 2. Duration and Period of Performance The term of this Agreement shall be from its effective date through December 31, 2023, unless terminated as provided in Section 16. Subject to its other provisions, the period of performance of this Agreement shall commence on May 5, 2020 and be completed by December 31 of each year this agreement remains in force and effect. Payment. Compensation for the work provided in accordance with this Agreement has been established under the provisions of Chapter 39.34 RCW. The parties have determined that the cost of accomplishing the work herein will not exceed $10,000.00 per fiscal year for labor, equipment, materials and supplies, including any work subcontracted by the Board. Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree in writing to a higher amount. 4. BillinP Procedure The Weed Control Board shall submit invoices for services as soon as possible after individual work performances. Invoices are to be sent to: Kittitas County Department of Public Works, 411 North Ruby Street, Suite 1, Ellensburg, WA 98926, Attn: Arden Thomas. Payment to the Weed Control Board for approved and completed work will be made within 30 days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 5. Contract Management.The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Agreement Administrator for the Weed Control Board is: Todd Davis, 901 East 7' Avenue, Suite 3, Ellensburg, WA 98926. Telephone: 509-962-7007. The Agreement Administrator for the District is: Arden Thomas, 411 North Ruby Street, Suite 1, Ellensburg WA 98926. Telephone: 509-962-7523. 6. Maintenance of Record. Each party hereto agrees to maintain books, records and documents using accounting procedures which accurately reflect all direct and indirect costs related to the performance of services described herein. Each party may examine the other parry's books and records to verify the accuracy of invoices. Each party's fiscal management system shall include the capability to provide accurate and complete disclosure of all costs invoiced under this Agreement. All books, records, documents and other materials relevant to this agreement will be retained for six years after expiration of the Agreement, and the Office of the State Auditor and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 7. Indemnification. Each parry agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions, or those of its officers, agents or employees to the fullest extent provided by law, and further agrees to save, indemnify, defend and hold harmless the other party from any and all such liability arising out of the performance of this Agreement. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of the negligence attributable to each party. This indemnification paragraph shall survive the termination of this Agreement. 8. Assignment. This Agreement cannot be assigned, transferred or any portion subcontracted by either parry hereto without the prior written consent of the other parry which consent shall not be unreasonably withheld. 9. Future SupportNeither parry to this Agreement makes any commitment to future support and assumes no obligation for future support of any activity contracted for herein, except as may be expressly set forth in this Agreement. 10. Compliance with Laws Each parry hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 11. Relationship of the Parties A. No agent, employee or representative of the Board shall be deemed to be an agent, employee or representative of the District for any purpose, and the employees of the Board are not entitled to any of the benefits the District provides to District employees. No agent, employee or representative of the District shall be deemed to an agent, employee or representative of the Board for any purpose, and the employees of the District are not entitled to any of the benefits the Board provides to Board employees. B. In the performance of the work herein contemplated, the party performing the work is an independent contractor with the authority to control and direct the performance of the details of the work; however, the work contemplated herein shall be subject to the general rights of inspection and review of the parry requesting the work to be done, to secure the satisfactory completion thereof. 12. Disputes. If a dispute arises between the parties concerning this Agreement, the Flood Control Zone District Administrator and the administrator of the Weed Control Board shall attempt to resolve the dispute. If they are unsuccessful, the dispute shall be referred to the Director of Public Works and the Chair of the Weed Control Board for resolution. If not resolved by the Public Works Director and the Chair within (30) days of referral, either parry may pursue court action under paragraph 12 below. 13. Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought in Kittitas County, Washington. 14. Modification. The provisions of this Agreement may be modified or amended only by written mutual written agreement of the parties, executed by personnel authorized to bind each of the parties. 15. Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 16. Termination. This Agreement shall remain in full force and effect until terminated on December 31, 2023, by mutual written agreement of the parties, or by written notice of termination given by one parry to the other at least thirty (30) days prior to the date of such termination. 17. Agreement Not For Benefit of Third Parties This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties. 18. Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and he fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 19. Filing, This Agreement shall be filed with the Kittitas County Auditor, or, alternatively, listed by subject on each or either party's website or other electronically retrievable public source pursuant to Revised Code of Washington 39.34.040. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. KITTITAS COUNTY NOXIOUS CONTROL WEED BOARD Jim Hanson, Chair KITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT Mark R. Cook, PE, District Administrator