Chapter 16.12


16.12.010    Agreement entered.

16.12.020    Soil conservation district.

16.12.030    County of Whatcom.

16.12.040    Both parties.

16.12.010 Agreement entered.

In that close cooperation between Whatcom County and the Whatcom soil conservation district in certain endeavors in their respective fields of operation is highly desirable, these governmental bodies enter into a memorandum of understanding. (Prior code § 1.42.010).

16.12.020 Soil conservation district.

The Whatcom soil conservation district agrees:

A. To bring to the attention of the county any evidence of deterioration, erosion or conditions not compatible with the principles of soil and water conservation and flood control on county-owned lands, roads or other property; and if requested, to assist or advise the county in the prevention or correction of the conditions described;

B. To undertake surveys, technical investigations, and the preparation of a comprehensive program for the purpose of conservation of resources of soil and water and the alleviation of flood damage;

C. To actively pursue the objectives formulated by the preparation of operations programs; establishment of priorities for work areas; by integrating, so far as practical, all plans brought to the attention of the district with farming practices and land-use recommendations by means of standard cooperative agreements between the district and the individual landholder for lands within the county;

D. To enter into specific working agreements with the county for the purpose of developing surveys, plans, and operations, to be carried out cooperatively with the county, and to supply the county with available technical consultation services, farm conservation plans, results of surveys and information secured from farmers that may be necessary or desirable for planning approval or conduct of operations;

E. To accept such financial or other assistance as the county may allot to the district from time to time by virtue of its lawful processes, for the purpose of soil and water conservation; to use such funds in a lawful manner and to keep records on all the expenditure of the same, and to keep records on the progress of such mutual operations as may be under the leadership of the district and to keep such records available to the county for audit or review at all times. (Prior code 1.42.020).

16.12.030 County of Whatcom.

The county of Whatcom agrees:

A. To bring to the attention of the district supervisors any deterioration, erosion or condition not compatible with the principles of soil and water conservation found on county lands or elsewhere that may affect the carrying out of the district program as a whole;

B. To consult with the district in the preparation of a long-range program of soil and water conservation and flood damage prevention, to aid in establishing priorities for work and in integrating the respective work programs of each party with the general welfare of the county;

C. To make available to the district such records, investigations, reports and surveys as may be available in the county, and to extend to the supervisors of the district the consulting services of the county engineer, attorney and other county officials that may be necessary or desirable for planning approval or conduct of operations;

D. To enter into specific working agreements with the district for the purpose of developing such surveys, plans and specifications and the conduct of such operations as are carried out cooperatively with the county;

E. To accept such financial, technical, or other assistance as the district may allot to the county from time to time, to keep records of the same on such projects as may be under the leadership of the county, and to make such records of expenditures, disposition and progress available to the district at all times, for audit or review. (Prior code § 1.42.030).

16.12.040 Both parties.

The county of Whatcom and the Whatcom soil conservation district mutually agree that:

A. Any or all work of a cooperative nature undertaken or accomplished shall be for the purpose of conserving soil and water, prevention of flood damage, improvement of land use conditions, or for similar purposes as authorized by law;

B. From time to time and as the need arises, construction machinery, materials or other property or goods in the possession of either party may by mutual agreement be rented, loaned or exchanged with the other party, in order to facilitate the work;

C. Rental rates shall be computed on the basis of depreciation and ordinary maintenance; all rental rates, periods of use, terms of agreement and requirements as to storage and servicing shall be the subject of a written memorandum or letter exchanged prior to the transaction; the party accepting use of such equipment and goods agrees to maintain record of hours of use, repairs and of other pertinent facts for the owner as well as to provide access to the equipment for owner’s inspection at any time;

D. Payment for the use of such equipment or materials may be made by exchange use of similar equipment or materials, but any rental balance due one party by the other shall be discharged by cash payment at the end of each quarter year starting with the first day of January;

E. Neither party will be liable to the other party nor to any cooperating person or agency for damage to person or property resulting from such cooperative work unless such damage be caused by negligence or wilful misconduct;

F. Each cooperative venture made by the subject of a specific working agreement shall designate the leadership agency and the consulting agencies and shall state the respective contributions, duties, responsibilities, and activities of the several parties;

G. The obligations of each party under this memorandum of understanding and subsequent working agreements shall be contingent upon and not exceed the availability of funds, services, facilities and legislative authority for the purpose of effectuating the provisions hereof;

H. This memorandum of understanding shall be effective upon the date of the last affixed signature;

I. The memorandum shall remain in effect, unless otherwise terminated, until June 30, 1948, and shall be automatically renewed from year to year thereafter. The memorandum may be terminated by written notice given by either party to the other party at least 30 days prior to the effective date of termination. (Prior code § 1.42.040).