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HomeMy WebLinkAboutWashington State Department of Agriculture Contract Number: K2676 MC Contract #19 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT THE MASON COUNTY NOXIOUS WEED CONTROL BOARD THIS AGREEMENT is made and entered into by and between the Washington State Department of Agriculture, hereinafter referred to as "WSDA," and Mason County Noxious Weed Control Board, hereinafter referred to as "Mason County." IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for eradication of the Class A noxious weed Giant Hogweed (Heracleum mantegazzianum) in Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK Mason County, through its agent the 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 Subject to its other provisions, the period of performance of this Agreement shall commence on the date of a fully executed contract, and be completed on or before June 30, 2019, unless terminated sooner as provided herein. 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 $5000. WSDA will not authorize reimbursement for administrative overhead charges. Only reasonable costs incurred directly related to the activities specified in the plan of work (Attachment A) will be reimbursed 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. BILLING PROCEDURE Mason County shall submit a properly completed invoice to the WSDA Agreement administrator. Reference WSDA Contract number K2676 on each invoice. 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. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 10 days after the expiration date or the end of the fiscal year, whichever is earlier. In no case can this be more than 10 days past the end of the biennium. 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 File Name: MasonGiantHogweedContractK2676.docx Page 1 of 8 Contract Number: K2676 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. 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. 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. TERMINATION 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; 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. File Name: MasonGiantHogweedContractK2676.docx Page 2 of 8 Contract Number: K2676 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 the Mason County Noxious Weed Control Board as it could pursue in the event of a breach of the Agreement by Mason County. 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. FUNDING CONTINGENCY WSDA may unilaterally terminate all or part of this contract, or may reduce its plan of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Agreement. DISPUTES In the event that a dispute arises under this Agreement, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. LICENSING, BONDING, INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE Mason County and its agent the 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 the 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. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County,Washington. 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. The Terms and Conditions of this Agreement; c. Plan of work (Attachment A); d. Proposal (Attachment B); and e. Any other provisions of the Agreement, including material incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 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 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 File Name: MasonGiantHogweedContractK2676.docx Page 3 of 8 Contract Number: K2676 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: Mary Fee, Executive Secretary WA State Noxious Weed Control Board P.O. Box 42560 Olympia, Washington 98504-2560 Phone: (360) 902-2053 Fax: (360) 902-2094 mfee agr.wa.gov The Agreement administrator for Mason County is: Patricia A. Grover, Coordinator Mason County Noxious Weed Control Board 303 N. 4th St. Shelton, Mason County, WA 98584 Phone: 360-427-9670 ext 592 patriciag@co.mason.wa.us 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 WASHIN . $ MASON COUNTY DEPT. OF AGRI ' RE 4.40 t,:, By: AIMI) By: _ ,,,, 'T K: in Shutty, Chair Title: Title: Ma.on County Board of i•T. 1)j/2 sc.rir7e Commissioners Date: Z 14,71....) Z. ),1 Date: File Name: MasonGiantHogweedContractK2676.docx Page 4 of 8 Contract Number: K2676 ATTACHMENT A Plan of Work Mason County and its agent the Mason County Noxious Weed Control Board Giant Hogweed Eradication Ending June 30, 2019 The Mason County Noxious Weed Control Board will treat the class A noxious weed Giant Hogweed (Heracleum mantegazzianum) with the goal of eradication. 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. DELIVERABLES The Mason County Noxious Weed Control Board will accomplish all proposed tasks as stated in the proposal (Attachment B). The Mason County Noxious Weed Control Board shall submit a final written report to the Washington State Noxious Weed Control Board, on or before June 30, 2019. The report shall include, at a minimum, the following information: 1. Details of herbicide use including application methods, rates and equipment. 2. Flower and seed head control details. 3. Copies of spray records where applicable. 4. Digital and hard copy photos of the infestation before, during and after treatment. 5. Details of communication with landowners where applicable. 6. Future plan for follow-up treatments and infestation monitoring. File Name: MasonGiantHogweedContractK2676.docx Page 5 of 8 Contract Number: K2676 Attachment B, Proposal Mason County Vegetation Management Proposal to Eradicate Giant Hogweed (Heracleum mantegazzianum) FY19 Class A Noxious Weed Eradication Program Request for Proposals Washington State Noxious Weed Control Board Applicant's name: Patricia A. Grover, Coordinator Agency/organization name: Mason County Noxious Weed Control Board Mailing address: 303 N. Orr'Street,Shelton, WA 98584 Email address: patriciag@co.mason.wa.us Phone number: (360)427-9670X592 Please provide brief background information about the lead organization and partners: The Mason County Noxious Weed Control Board was reactivated in 2003 after nearly 20 years of inactivity. The program currently funds a part-time coordinator who has led the program since 2006. Partnerships have been developed between multiple large land owners, including Tacoma Public Utilities, Green Diamond Resource Co, the Olympic National Forest and numerous other public and private land owners. These partnerships facilitate the "Early Detection, Rapid Response" to new reports of invasive species. Name of the Class A noxious weed: Giant hogweed(Heracleum mantegazzianum) Current total known acres in your county (please specify if using total infested acreage or total solid acreage): A thorough documentation of sites has not been completed since 2015. It is estimated that there are currently 10-15 acres infested with giant hogweed within Mason County. How much of this acreage/infestation will be treated in this proposed Class A eradication project? All historic, and current sites would be visited. If giant hogweed is present, it is anticipated that all sites would be treated with the property owner's permission. Please briefly describe the nature of the known infestation,including number of known sites or populations(if applicable),geographic extent,habitat types, and if the infestations are on private lands,public lands,or both. Date when infestation was first identified. Known infestations are scattered across Mason County, with pockets of giant hogweed found across multiple parcels and ownerships. Currently, our database consists of infestations on 90 unique parcels and 70 property owners. Many of these infestations are likely eradicated During the 2017 and 2018 season,postcards were mailed to all property owners of record reminding them about the requirement to control, with eventual eradication of giant hogweed Resources were not available to visit all sites, but every effort was made to visit sites where assistance was requested. We have current "Waiver of Liability"for treatment at 5 sites. One is a 4 acre site reported in late 2018 by a neighbor. Although plants were deadheaded at the property, the requested waiver permitting treatment was not returned until November 2018. With hundreds of plants, this site will be a high priority for control in 2019. This site, like many, is held by an out of area owner and infestation status can only be determined by a site visit. We have not had the resources to visit all sites, many with documentation and treatment dating to 2008. Dedicated funding would support site visits to all sites and updated documentation in iForm if the species is present. File Name: MasonGiantHogweedContractK2676.docx Page 6 of 8 Contract Number: K2676 Do you plan to treat all sites in your county or jurisdiction,or will you target specific sites? It is planned that all sites with historic, or current records would be visited. If plants are found at sites, and the program has not received a response to an initial mailing, a second mailing would be sent to those property owners requesting completion of a "Waiver of Liability"for treatment. What IPM methods and materials are to be used in the eradication project? Include information on the timing of each control measure. Please note that all treatments paid for by this pass-through funding must occur on or before June 30,2019. Plants would be injected with a 500%v/v of glyphosate, or a foliar application of triclopyr. In addition, any blooming plants would be deadheaded. Digging, or other non-chemical methods, could be utilized where herbicide treatments are not feasible or permitted. What previous control work has been done(include any IPM methods)?Include information on the timing of each control measure and outcomes. If none please state so. A majority of the sites have had some measure of control. Some in conjunction with knotweed treatments, but most in the May-June timeframe. Treatments utilizing injection and foliar application have been very successful. Please briefly describe steps to assure that all applicable laws will be followed if herbicides are used,e.g.,permit coverage,applicant licensing,site-posting. All property owners will be required to provide a signed "Waiver of Liability"prior to treatments. Several of our known sites are adjacent to water, and an NPDES permit will be obtained for treatment along those waterbodies, identifying both glyphosate and triclopyr as proposed herbicides near the named waterbodies. Do you anticipate that enforcement of Washington State noxious weed law might be necessary in the process of the eradication?If yes,please provide a brief description of the readiness of involved county weed board(s)to carry out such enforcement within the proposal period. The Mason County Noxious Weed Control Board has supported the issuance of a certified letter to those property owners who have not responded to our offer of control assistance when a regulated species has been identified on a property and permission is not provided. If necessary, this step would likely be taken with additional resources. If the infestation to be eradicated lies in more than one county or jurisdiction,please provide a brief description of any coordinated efforts to treat and eradicate the entire infestation in all applicable jurisdictions. The Kitsap County coordinator is actively treating hogweed sites when reported. I know of no overlap of infestations between these two counties, or the other adjacent counties of Jefferson, Grays Harbor, Pierce or Thurston. APR !2019 File Name: MasonGiantHogweedContractK2676.docx Page 7 of 8 Contract Number: K2676 Please describe local support(include match funding or in-kind efforts from local groups, county, municipalities,or volunteer efforts.) Control of this Class A noxious weed has been a high priority for the Mason County Noxious Weed Control Board Where reported, or when assistance is requested, we have made every effort to assist with control. Other entities, such as the Washington State Department of Transportation, the Skokomish Tribe, Mason Conservation District and the Hood Canal Salmon Enhancement group are aware of this species and are either treating or reporting its occurrence when found. Please describe any post-eradication plans to monitor the project area, prevent, and respond to any infestation. Will you be conducting any outreach with landowners to help in early detection? National publicity in 2018 resulted in the location of several new sites. The program participates at many local events and always has giant hogweed information available. In addition, our Facebook page provides an opportunity for outreach and education and articles have been submitted to the local newspaper. Where appropriate, a mailing targeting neighbors of large infestations could he supported with this funding. It is anticipated that a second visit to high priority sites could be made in July to determine treatment efficacy and perform additional treatments if necessary. Estimated date when the current infestation would be eradicated(no living plants or propagules),if it were assumed that the requested funding and the matching funds of project partners were continued annually. Many of our historic sites dating back to 2006 are likely already eradicated. The program continues to emphasize control of this species, without discovery of new infestations, it is anticipated that all sites would reach eradicated status by 2025. Dollar amount of funding requested for FY19 ($5000 maximum): $5,000.00 Matching funds,whether cash or in-kind, offered by other project partners not otherwise included above.Note that matching funds are not required,but discussion and disclosure of matching funds are required.If there are no matching funds, please state this. Match and In kind match in the amount of approximately$2,400.00 would be in the form of • Equipment (backpack sprayers, PPE and injectors) ■ Coordinator time ■ Office manager time for contract administration and billing File Name: MasonGiantHogweedContractK2676.docx Page 8 of 8