Loading...
HomeMy WebLinkAboutAgreements/Contracts - Noxious Weed Control BoardNOXIOUS WEED CONTROL BOARD OF GRANT COUNTY 32 C Street N. W., Room 321 - P.O. Box 1115, Ephrata, Washington 98823 (509) 754-2011., Ext. 4710 —or— (800) 572-0119, Ext. 4710 (In Washington), Fax (509) 754-6034 August 24, 2022 Grant County Attn: Chair, Board of Commissioners P.O. Box 37 Ephrata, WA 98823 RE: Interlocal Agreement — Spray Application Services Dear Commissioners: At its regular meeting on August 23, 2022, the Noxious Weed Control Board of Grant County carried a motion to opt out of the Interlocal Agreement between Grant County and the Noxious Weed Control Board of Grant County for spray application services. We are providing notice as required, in the Interlocal Agreement, of which a copy is enclosed. If you have any questions or need additional information, please feel free to contact me. Sincerely, Craig Hintz Coordinator CH:td Enclosure BOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL COOPERATION AGREEMENT WITH NOXIOUS WEED CONTROL BOARD OF GRANT COUNTY FOR SPRAY APPLICATION SERVICES ry, j A A-E&Z Yav,• A«ur R'C�b RESOLUTION No. 22 - -CC WHEREAS, Chapter 39-34 RCW, the Interlocal Cooperation Act,permits local governmental entities to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, for the purposes ofprovid . ing services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic., population and other factors influencing the needs and development of local communities; and WHEREAS, Grant County,, Washington, by and through its Board of County Commissioners and Noxious Weed Control Board Of Grant County, created and situated within the State of Washington, are vested with authority to enter into an intergovernmental agreement pursuant to chapter 3 9.3 4 RCW; -and WHEREAS, it is the desire of Grant County and the Noxious Weed Control Board Of Grant County to enter into an interlocal agreement relating to spray application services. NOW, THEREFORE, BE IT HEREBY. RESOLVED, that the Interlocal Agreement relating to spray application services be executed between Grant County and Noxious Weed Control Board Of Grant County. DATED this, �g day of February, 2022. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON Danny E ,y rne, Chair TEST: Rob j; s ic-Chair av o)q B'*a7 Vas Ct of the B00a, Cindy Carter, Member INTERLO.CAL AGREEMENT BETWEEN FOR SPRAY APPLICATION SERVICES 1. Preamble. This Interlocal Agreement is made and entered into effective I 49-a y 20-2-2 by and between Grant County Public Works ("County") and the Noxious Weed Control Board of Grant County ("Board"), public entities duly organized and operating under and by virtue of the laws of the State of Washington ("Parties"). 2. Recitals. a. The County agrees to contract with the Board, and the Board agrees, to have the Board perform weed control services on County public rights of way and on real property owned by the County. b. This Agreement for cooperative services is authorized by the provisions of Chapter 39.34 RCW, the Interlocal Cooperation Act. The Parties mutually covenant and agree� as follows: 'ratidn,' 3, Consid: e Agreement and-Cov'eha.n'.,1ts.* a'. The Board shall -perform -such.. services' --and -acco.Mpli8h such. -tasks,, including furnishing ,of all labor, equipment, materials; and supplies not reqUire'd to be supplied by the County as set forth below' 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 County public rights of way and on property owned by the County as further described in b, c and d below. b. Employ a Spray Applicator to carry out spraying of undesirable vegetation as needed, for. a six-month period (April through September) each year for spraying the following housing areas known as Royal Camp, Lakeview, Beveriy/Schawana, Surilland, Marine" View, Desert Aire, and The Larson Base. Maps'bf these areas will be provided by Public Works. (Exhibit A). Spray the communities no more than 25 feet outside of the centerline, paying special attention not to spray outside of the ditch line on Grant Place in Lakeview. In areas with sidewalk and fenced yard, spray sidewalks but do not spray any yarded area, even if in the right-of-way as platted. Refer to plat widths or call Road Info Services at GCPW to verify. c. Spray all undesirable vegetation at Public Works disposal sites and piles in pit and quarry sites as needed. Maps of active pit andquarry sites and disposal sites will be provided by Public Works. (Exhib;it B). d. Spray small, isolated infestations of. noxious weeds on County rights of ways. e. The County shall provide the following fully insured, operational, and functional vehicles, and the following equipment to the Board in order to assist the Board in its performance of the work herein: L All -Terrain Vehicle ("ATV") for use by the Board's spray applicator personnel; ii. All appropriate spray equipment for the ATV; iii. A % ton pickup truck for a 150 -gallon spray unit outfitted with a chemical storage compartment iv. All spray chemicals required for the performance of the work herein The County shall provide all required maintenance at its sole cost for the above equipment and vehicles. The chemicals shall be provided and stored by the County and may be checked out by Board personnel pursuant to an agreed upon schedule. f. The County shall pay the Board for such weed control services the sum of Forty Thousand. Dollars and no/1 00 ($40.,000.00) per year, payable in six monthly installments, for the months of April through September. Payment for services shall not exceed this amount unless the Parties mutually agree in writing to a higher amount. The Board shall provide the County with monthly itemized statements describing the services provided, as well as any WSDA pesticide application records made on County rights of ways or County property, and payment shall be made by the County within thirty (30) days of billing. g. The Agreement administrators 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 Board is: Craig Hintz. The Agreement administrator for the County 'is: Public Works Director or Assistant Public Works Director. h. Except as otherwise provided above, each partshall be solely responsible for all Y costs, materials, supplies, and services necessary for their performance under the terms of this Agreement. All property and m' aterials secured by each party in the performance of this Agreement shall remain the sol e property of that party. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings. i. Program changes, which may.affect the budgeted amount of Forty Thousand Dollars must be approved by Public Works prior to implementation. 4. Indemnification. Each party 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 negligence attributable to each party. This indemnification paragraph shall survive the termination of this Agreement. 5. Maintenance of Records. Each party hereto agrees to maintain books, records, and documents related to the performance of services described herein. All books, documents, and records relevant .to .this Agreement will be subject to inspection, review, and audit by.either, party. or the. Office of th-e State Auditor. Each party shall retain all such books, records, and documents for the applicable retention period -under federal and Washington law. Each party will utilize reasonable security procedures and protections to assure that records and documents provide. by the other party are not erroneously disclosed to third parties. 6. Relationship of the Parties.- No agent, official, employee, servant, or representative of the County shall be deemed an officer, employee, agent, servant or representative of the Board for any purpose as a result of this Interlocal Agreement. No agent, official, employee, servant, or representative of Board shall be deemed an officer, employee, agent, servant or representative of the County for any purpose as a result of this Interlocal Agreement. In the performance of the work herein, 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 party requesting the work be done, to secure the satisfactory completion thereof. 7.' Notice. Any notice required to be given by either party to the other shall be deposited in the United States mail, postage prepaid, addressed to: Grant County Attn: Chair, Board of Commissioners P.O.. Box 37 Ephrata WA 98823. Ephrata, Noxious .-Weed . Contr61 Boa rd of Gram CoU y ,. ..Attn:. Craig .Hintz, Coordinator 32 C Street NW, Room 321 Ephrata, WA 98823. Or at such other addres's as either party may designate to the other in writing from time to time. All notices to be given with respect to the Interlocal Agreement shall be in writing. Every notice shall be deemed to have been given at the time it shall be deposited in the United States mails in the manner prescribed herein. Nothing contained herein shall be construed to -preclude personal service of any notice in the manner prescribed for personal service of a summons. 8. Applicable Law. This Interlocal Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action, claim or proceeding brought under this Interlocal Agreement shall be commenced exclusively in the Superior Court for Grant County or in the federal courts of the United States for the Eastern District of Washington. 9. Termination. This Agreement shall remain in full force and effect until terminated by mutual written agreement of the Parties or by written notice of termination given by one party to the other at least sixty (60) days prior to the date of such termination. Unilateral written notice of termination, if desired, must be given during the months of March through August. 10. Assignment. This Agreement cannot be assigned, transferred, or any portion subcontracted by either party hereto without the prior written consent of the other party, which consent shall not be unreasonably withheld. 1. Future Support: Neither party to. this -Agreement makes an commitrnent to -futur Y e support -and assumes no obligation. for future support of any-activi contracted for herein except as may .b � . , p y e expressly set -forth in this Agreement. 12. Disputes. If a dispute arises between the Parties concerning' this Agreement, the contract administrators shall attempt to resolve the dispute. if the dispute shall be referred to the Chair of - Y are unsuccessful, the each board for resolution. If not resolved by the Chairs within thirty (30) days of referral, either party may pursue court action under paragraph 8 above. 13. Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with a!1 applicable g t' p Y pp local, State, and Federal laws and ordinances. 14. Filing. This Interlocal Agreement, prior to its entry into force, shall be filed with e District and the Grant Count Recorder' • each . Y s office as required by law. 15. Invalidity. Any provision of this Interlocal Agreement which shall be determine jurisdiction to be d by a court of competentiinvalid, void or illegal shall in no way affect, impair or invalidate any of the other provisions hereof and such other provisions shall remain full force and effect despite such invalidity of illegality. alit . 16. Modification. No changes or additions to this Interlocal Agreement shall be valid dor binding upon eart unless such party ch change or addition references this Interlocal i Agreement, is n writing and executed by both parties. 17. Duration. This Interlocal Agreement shall be in force and effect 'upon execution shall remain in effect until otherwise terminated as provided herein. 18. Section Headings. The section .headings contained: in -the Interlocal Agreement reference purposes and and shall no are for Y, t affect in any. way the. meaning or interpretation of the Interlocal Agreement. 19. Construction of Agreement. In the event of a dispute between the parties as meaningof terms, p to the phrases or specific provisions of the Interlocal Agreement, the authorship of the Interlocal Agreement shall not be cause for the Interlocal Agreement be construed against an a nor in favor g ment to Y party r of any party. 20. Entire Agreement. This Interlocal Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, contracts, and understandingwritte oral. The parties agree that there are no other .Y nor understandings, aro! or otherwise, regarding the subject matter of the Interlocal Agreement. Any and allrevious agreements, understandings, and the like p - y : ,g- - . ,oral or otherwise,. ore hereby revoke,. 21. Authorization. Each party's signature authority' Commissioners and Board Coordinator) have executed the Interlocal Agreement after having been authorized to doso by their entities acting in open session. re75 Executed this day of , Executed this da of .�.� y , 2022 2022 GRANT COUNTY NOXIOUS WEED CONTRL BOARD OF GRANT COUNTY 9 Danny E Stone, Chair Craig H4, C"oo"rdinator Rob Jones, Vice Chair Cindy Carter, ,Member Grant County Commissioners ATTEST: Barb ra Vasquez, Cler the Board A P P R, VED: Samuel Castro, Public Works Director APPROVED AS TO FORM: Rebekah Kaylor, WSBA # 53257 Grant County Civil Deputy Prosecuting Attorney