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HomeMy WebLinkAboutWashington State Department of Agriculture - Interlocal Agreement DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture (WSDA) and Mason County and its agent, Mason County Noxious Weed Control Board. IT IS THE PURPOSE OF THIS AGREEMENT to provide Mason County and its agent, Mason County Noxious Weed Control Board, funding for a project to survey for and control Giant Hogweed (Heracleum mantegazzianum) within Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County through its agent, Mason County Noxious Weed Control Board, shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"A"which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Regardless of the date of signature and subject to its other provisions, this Agreement shall begin on February 1, 2023 and end on December 31, 2024, unless terminated sooner or extended by WSDA as provided herein through a properly executed amendment. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $5,000.00. Only reasonable costs identified in Attachment "A", incurred directly related to the Mason County Giant Hogweed Survey and Control Project, will be reimbursed to Mason County under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded. Compensation for service(s) shall be as set forth in accordance with the budget in Attachment"B" which is attached hereto and incorporated herein. BILLING PROCEDURE Mason County shall submit properly completed invoices quarterly to the WSDA Agreement administrator. Reference WSDA Contract Number K4369 on all invoices. Payment to Mason County for approved and completed work will be made by warrant or account transfer by WSDA within 30 days of receipt of the properly completed invoice. If Contractor does not have an invoice template to request payment, Contractor can request a copy of a Certified State Invoice Voucher (Form A-19) from WSDA. Upon expiration of the Agreement, any claim for payment not Page 1 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. DUPLICATION OF BILLED COSTS The Contractor shall not bill the Agency for services performed under this contract, and the Agency shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency may: a. Terminate this Agreement with 10 days advance notice. If this Agreement is terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. b. Renegotiate the terms of the Agreement under those new funding limitations and conditions. c. After a review of project expenditures and deliverable status, extend the end date of this Agreement and postpone deliverables or portions of deliverables. Or, d. Pursue such other alternative as the parties mutually agree to writing. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. Documents must also support performance and costs of any nature expended in the performance of this Agreement. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents and other material relevant to this Agreement will be retained for six years after expiration of the Agreement and the Office of the State Auditor, federal auditors and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond, consistent with applicable laws. 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. Page 2 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 RIGHTS IN DATA Unless otherwise provided, data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSDA. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. SUBCONTRACTING "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. Except as otherwise provided in the Agreement, the Contractor shall not subcontract any of the contracted services without the prior approval of the Agency. The Contractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Agreement are included in any and all Subcontracts. Any failure of Contractor or its Subcontractors to perform the obligations of this Agreement shall not discharge Contractor from its obligations under this Agreement. TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of the Agreement prior to the effective date of termination. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days of receipt of written notice. If the failure or violation is not corrected, this Agreement may be terminated immediately upon receipt of written notice of the aggrieved party to the other. CONFLICT OF INTEREST WSDA may, by written notice to Mason County, terminate this Agreement if it is found after due notice and examination by the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, that there is a violation of the State Ethics Law, chapter 42.52 RCW; chapter 42.23 RCW; or any similar statute involving Mason County in the procurement of or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee. Page 3 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent, Mason County Noxious Weed Control Board, as it could pursue in the event of a breach of the Agreement by Mason County or its agent, Mason County Noxious Weed Control Board. The rights and remedies of WSDA provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Director of the Department of Agriculture, and/or the designee authorized in writing to act on the Director's behalf, makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this Agreement. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Thurston County. ASSURANCES The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable federal, state and local laws, rules, and regulations as they currently exist or as amended. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent, Mason County Noxious Weed Control Board, shall ensure that all contractors hired to perform services under this Agreement shall comply with all applicable licensing and bonding requirements for the type of service to be performed, and with the provisions of Title 51, Industrial Insurance. Mason County and its agent, Mason County Noxious Weed Control Board, shall also ensure that all contractors provide proof of an adequate amount of commercial general liability insurance coverage for the activities to be performed under any subcontract. ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state and federal statutes and rules; b. Terms and conditions contained within this Contract; c. Plan of Work (Attachment A); d. Budget (Attachment B); e. Any other provisions of the Agreement, including material incorporated by reference. Page 4 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 ASSIGNMENT Mason County and its agent, Mason County Noxious Weed Control Board, are responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. In no event shall the existence of any subcontract operate to release or reduce the liability of Mason County and its agent, Mason County Noxious Weed Control Board, to WSDA for any breach in the performance of Mason County and its agent Mason County Noxious Weed Control Board's duties. 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. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing signed by an authorized representative of the party and attached to the original Agreement. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 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 WSDA is: Greg Haubrich, Pest Program Manager Washington State Dept. of Agriculture Plant Protection Division PO Box 42560 Olympia, Washington 98504-2560 (360) 902-2071 ghaubrich@agr.wa.gov The Agreement administrator for Mason County is: Kela Hall-Wieckert, Coordinator Mason County Noxious Weed Control Board 303 N. 4th Street Shelton, WA 98584 (360) 427-9670 X 592 khall-weckert@masoncountywa.gov Page 5 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 All communications between the parties relating to this Agreement and any billings and payments will be directed to those persons. Either party may change administrators by notifying the other in writing. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON MASON COUNTY DEPT. OF AGRICULTURE DocuSigned by: / - By: (�aU�VtG�, By: / � 1 7455230700C44A2... Title: Pest Program Manager Title: Date: 3/2/2023 1 11:34 AM PST Date: Feb�rUa�tl� 2�, 2tYL3 Page 6 of 6 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 ATTACHMENT A Plan of Work Mason County and its agent Mason County Noxious Weed Control Board Giant Hogweed Survey and Control Project February 1, 2023 to December 31, 2024 County Control Criteria: Mason County through its agent, Mason County Noxious Weed Control Board, will conduct survey and control of Giant Hogweed (Heracleum mantegazzianum) located within Mason County. Minimum work specifications: Mason County staff and/or subcontractors will use an integrated weed management approach, in conjunction with the best management practices for the control of Giant Hogweed. All control methods will be employed consistent with the laws, rules and regulations of Washington State, Mason County, the Noxious Emergent Plant Management Environmental Impact Statement (EIS) first published in November 1993, and all subsequent amendments to the EIS. Mason County must enter into a contract with WSDA under which Mason County, or subcontractors to Mason County, act as limited agents to carry out noxious and quarantine weed control for WSDA under the "National Pollutant Discharge Elimination System (NPDES) - Aquatic Noxious Weed Control General Permit" prior to the performance of any activity pursuant to this Agreement that discharges herbicides indirectly into streams, rivers, estuaries, wetlands, along lake shorelines, or in other wet areas. If Mason County, or subcontractors to Mason County, carries out aquatic noxious weed control by chemical treatments directly into fresh water (lakes, streams, and rivers), then the "National Pollutant Discharge Elimination System (NPDES) -Aquatic Plant and Algae Management General Permit", must be obtained prior to the performance of any activity pursuant to this Agreement from the Washington State Department of Ecology. Treatments under either permit may only occur at times allowed under provisions of the NPDES permit and must comply with conditions specified in such permit. The Mason County Giant Hogweed Survey and Control Project Coordinator will work closely with the WSDA Noxious Weed Coordinator. Work will only take place on property for which the Mason County Noxious Weed Control Board has obtained prior written permission for entry and treatment. Mason County Noxious Weed Control Board will also provide access to these properties for the WSDA Noxious Weed Coordinator. Changes made to any permission form must be approved by WSDA prior to the performance of any work on that property undertaken under terms of this Agreement. Program Needs Provided by WSDA: WSDA may furnish herbicide, surfactants and equipment as the WSDA Noxious Weed Coordinator deems necessary. All unexpended items remain the property of WSDA. Expenditures: The funds provided for the Mason County Giant Hogweed Survey and Control project will primarily go towards staff salaries and benefits and travel. All supplies furnished by WSDA will Page 1 of 2 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 be used in Washington State and under the supervision of county personnel. An inventory list will be furnished to WSDA upon request. Items such as computer programs, models, food and beverage, or other costs not specified in this document will not be reimbursed unless the expenditure is specifically authorized in advance in writing by WSDA. Coordination: The Mason County Giant Hogweed Survey and Control Project will be coordinated with state, local and private control efforts. Deliverables: The county noxious weed coordinator or program manager will submit a written report to the WSDA agreement administrator, documenting the work conducted on this project. The report is due January 15, 2025, and will include the following: • Date(s) of survey and control activities, • The type of control conducted, • Difficulties encountered (if any), • Solid acres (or square feet) of each species treated, • Number of acres and/or miles surveyed (if any), • GPS derived locations of any noxious weed locations, • Number and type of landowners assisted (if any), • Photo documentation of selected sites, including before and after treatment photos. Final payment under this Agreement will not be made until the final report is accepted by WSDA. These deliverables are separate from and in addition to any reporting requirements associated with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit coverage. Page 2 of 2 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E Contract Number: K4369 ATTACHMENT B Budget Mason County and its agent Mason County Noxious Weed Board Giant Hogweed Survey and Control Project February 1, 2023 to December 31, 2024 Total payment to Mason County and its agent Mason County Noxious Weed Control Board will not exceed $5,000.00, 1. Salaries, wages and benefits........................................... ...............................$4,428.00 2. Supplies and equipment.........................................................................................$56.00 3. Travel .....................................-......... ....-....... .....—....—......... ........ ...........--$295.00 3. Contracted services..................................................................................................$0.00 4. Indirect .................................................................................................................$221.00 TOTAL: ......................................................................................................$5,000.00 If the total cost of a budget category varies by more than 10% from what is listed above, written approval via email with the WSDA Agreement Administrator is required. Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management State Administrative and Accounting Manual, Chapter 10, Section 90. Page 1 of 1 DocuSign Envelope ID:A157D3C1-DCC2-4A21-84C5-FAA2A88CD82E