HomeMy WebLinkAboutWashington State Department of AgricultureContract Number: K3547
Page 1 of 6
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 control invasive knotweed
species within the riparian corridors of 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 July 1, 2021 and end on June 30, 2023, 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 $20,000.00. Only reasonable costs identified in Attachment “A”,
incurred directly related to the Mason County Knotweed Control and Eradication Program, 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.
Projects in riparian habitats will begin at the farthest upstream infestation and continue
downstream. This funding may not be used downstream of a landowner that has not
given written permission for entry and treatment (Attachment C). Any deviation requires
prior written permission from WSDA.
BILLING PROCEDURE
Mason County shall submit properly completed invoices quarterly to the WSDA Agreement
administrator. Reference WSDA Contract Number K3547 on all invoices. Payment to Mason
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 2 of 6
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 Mason County does not have an
invoice template to request payment, Mason County 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 already made shall be submitted within 30 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.
DUPLICATION OF BILLED COSTS
Mason County shall not bill WSDA for services performed under this contract, and WSDA shall
not pay Mason County, if Mason County 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, WSDA 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
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 3 of 6
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.
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, Mason County shall not subcontract any of the
contracted services without the prior approval of WSDA. Mason County 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 Mason County or its Subcontractors to
perform the obligations of this Agreement shall not discharge Mason County 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
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 4 of 6
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.
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);
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 5 of 6
e. Permission to Enter Private Land and Waiver of Liability (Attachment C); and
f. Any other provisions of the Agreement, including material incorporated by
reference.
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.
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 6 of 6
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:
Jonathan Still, Knotweed Coordinator
Washington State Dept. of Agriculture
Plant Protection Division
PO Box 42560
Olympia, Washington 98504-2560
(360) 280-6363
jstill@agr.wa.gov
The Agreement administrator for Mason County is: Patricia Grover, Coordinator
Mason County Noxious Weed Control
Board
303 N. 4th Street
Shelton, Washington 98584
(360) 427-9670 ext. 592
Fax: (360) 427-7264
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 WASHINGTON MASON COUNTY
DEPT. OF AGRICULTURE
By: By:
Title: Title:
Date: Date:
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Coordinator, MC Noxious Weed Control Board
8/17/2021 | 12:02 PM PDT8/17/2021 | 12:07 PM PDT
Assistant Director
Contract Number: K3547
Page 1 of 2
ATTACHMENT A
Plan of Work
Mason County
and its agent Mason County Noxious Weed Control Board
Project for Knotweed Control
July 1, 2021 to June 30, 2023
County Knotweed Control Criteria:
Mason County through its agent, Mason County Noxious Weed Control Board, will conduct
control work on knotweed infestations located within the riparian corridors of Mason County.
The control of any knotweed species not located in a riparian corridor requires written
permission from the WSDA knotweed coordinator prior to any treatments or work completed.
Treatment of these areas will utilize funding allotted by the state legislature for control of
knotweed species during the 2022-2023 state fiscal biennium. Control shall include field survey
directly associated with areas to be treated.
Minimum work specifications: workers will be hired or contracted to treat knotweed infestations
known or discovered in the area identified above. Mason County knotweed control employees
or contractors will use an integrated weed management approach, in conjunction with the best
management practice for the control of invasive knotweed species. Projects in riparian habitats
will begin at the farthest upstream infestation and continue downstream. This funding may not
be used downstream of a landowner that has not given written permission for entry and
treatment (Attachment C). Funding stops where permission stops. 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, or subcontractors to 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 “Aquatic Noxious Weed Control
National Pollutant Discharge Elimination System Waste Discharge General Permit” (NPDES
permit) prior to the performance of any activity pursuant to this Agreement that discharges
herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands,
along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times
allowed under provisions of the NPDES permit and must comply with conditions specified in
such permit.
The crew will work closely with the county noxious weed coordinator and the WSDA Knotweed
Control Coordinator, and be active in the field from July 1, 2021 to June 30, 2023, as allowed by
the variable growth season of knotweed and any required preparation or conclusion times.
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, utilizing the permission form
provided by WSDA (Attachment C) or any applicable permission form approved by WSDA, from
the landowner or tenant. Mason County Noxious Weed Control Board will also provide access
to these properties for the WSDA Knotweed Control 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.
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 2 of 2
Work Crew and Work Hours:
The knotweed control crew will work or be under contract with the county noxious weed control
board during the specified period, dedicating their time to controlling knotweed in the project
area.
The control crew will have one crew leader who will be responsible for coordinating the crew’s
work, and who will maintain ongoing contact with the county noxious weed coordinator and the
WSDA Knotweed Control Coordinator.
Equipment:
The knotweed control crew will use all available tools for control, including manual controls and
herbicide applications, to control knotweed infestations in Mason County. The control crew may
use equipment provided by other agencies, provided the county noxious weed coordinator and
the WSDA Knotweed Control Coordinator agree to the usage of the equipment and materials.
Program Needs Provided by WSDA:
WSDA may furnish the knotweed control crew with herbicide, public information fliers, public
notification signs, and other equipment as the WSDA Knotweed Control Coordinator deems
necessary. All unexpended items remain the property of WSDA.
Expenditures:
The funds provided for the county knotweed control crew will primarily go towards salaries and
benefits, travel, supplies and equipment expenses for the crewmembers. All supplies furnished
by WSDA will 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 Knotweed Control Program will be coordinated with state, local and private
control efforts.
Deliverables:
The county noxious weed coordinator will submit a written report to the WSDA Agreement
administrator, documenting the work conducted in Mason County, as follows: A season ending
report is due December 1, 2021 and December 1, 2022, which will include the following: date(s)
of control activities, map of project area(s), the type of control conducted, solid acres of
knotweed treated, acres of knotweed protected, number of river miles worked, number of
landowners assisted, and photo documentation of selected sites, including before and after
treatment photos. The county noxious weed coordinator will supply WSDA with all geographic
information system data that is generated as a result of this Agreement. Final payment under
this Agreement will not be made until the season ending 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.
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
Page 1 of 1
ATTACHMENT B
Budget
Mason County
and its agent Mason County Noxious Weed Control Board
Knotweed Control Project
July 1, 2021 to June 30, 2023
Total payment to Mason County and its agent Mason County Noxious Weed Control Board will
not exceed $20,000.00 in fiscal biennium 2023 (i.e., July 1, 2021 through June 30, 2023).
1. Salaries and benefits…………. ........................................................................ $17,000.00
2. Supplies, equipment, and travel ......................................................................... $2,150.00
3. Indirect (cannot exceed 5% of salaries and benefits) ............................................ $850.00
TOTAL: .................................................................................................... $20,000.00
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.
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
ATTACHMENT C
Permission to Enter Private Land and Waiver of Liability
Mason County
and its agent Mason County Noxious Weed Control Board
Project for Knotweed Control
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY
THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER
OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING.
This Permission to Enter Private Land and Waiver of Liability is made between the Mason County Noxious Weed
Control Board, hereafter referred to as “the Board,” and ___________________________________, hereafter
referred to individually or collectively as “the property owner(s).”
INTRODUCTION
1. The control and eradication of noxious weeds on public and private lands is in the public interest and the
presence of invasive knotweeds (Polygonum spp.) on private lands threatens wildlife habitat and provides
a source for renewed infestation of other private and public lands. Effective eradication of knotweeds
requires concerted effort on both public and private lands to protect our natural resources.
2. The Board and its agents desire to perform activities to eradicate and/or control knotweed on public and
private lands within Mason County. These activities are authorized and carried out under one or more of
the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW.
3. The property owner(s) is/are the sole owner of property located at __________________________________
_______________ in Mason County, Washington, hereafter referred to as “the property.”
4. The property owner(s) is/are interested in and benefited by the eradication and/or control of knotweed on
the property.
5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication
and/or control of knotweed on the property.
AGREEMENT
1. Permission. In consideration of the benefits described above, the property owner(s) grant permission to
the Board and its agents, contractors, cooperators and employees to enter onto the property from July 1,
2021 to December 31, 2025 to perform activities to eradicate and/or control knotweed on the property. The
property owner(s) acknowledge and agree that these activities may include the application of herbicide to
the property.
The property owner(s) also grant permission to agents, contractors, cooperators and employees of the
Washington State University and/or the Washington State Department of Agriculture to enter onto the
property from July 1, 2021 to December 31, 2025 for the purpose of monitoring and evaluating the success
of knotweed eradication and/or control activities.
2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are
permitted to enter the property on all of the above dates and until December 31, 2025, or until this
permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4
Contract Number: K3547
presenting a written letter of revocation to the Board. The revocation is effective five (5) business days
after receipt by the Board.
3. Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and/or control
knotweed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of
Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to
waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and employees
of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended consequence of
activities properly performed to eradicate and/or control knotweed.
The Board and its agents, contractors, cooperators and employees agree to waive any claim of liability against
the landowner for any injury, damage, or harm which is not the consequence of the landowner’s negligence.
As to any other act or omission of either party under this agreement, each party shall be responsible for its own
acts or omissions and those of its officers, employees and agents under this agreement. No party to this
agreement shall be responsible to the other for the acts or omissions of entities or individuals not a party to this
agreement.
4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire
agreement between the parties with regard to the matters set forth herein.
5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and
interpreted according to the laws of the State of Washington.
BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF THIS
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN
COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND
EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND
WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE.
Property Owner(s)/Legal Representative:
Property Owner(s) Mailing Address: _____________________________________________________ Street
City County Zip
Telephone Number(s): ________________________________________________________
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of property owner Signature of property owner Date
______________
(PRINT) Name of authorized representative, Signature of authorized representative, Date
Mason County Noxious Weed Control Board Mason County Noxious Weed Control Board
Contact information for the Mason County Noxious Weed Control Board: Patricia Grover, (360) 427-9670 ext. 592
303 N. 4th Street
Shelton, WA 98584
DocuSign Envelope ID: 61E85D61-64F3-4518-97F7-A99BEE76AEB4