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HomeMy WebLinkAboutMason Conservation DistrictSubrecipient Agreement Between Mason County and Mason Conservation District Project: Voluntary Stewardship Program Workplan Development THIS AGREEMENT is made between Mason County, hereinafter referred to as "COUNTY" and Mason Conservation District, hereinafter referred to as "DISTRICT" and is entered into pursuant to RCW 39.34, Interlocal Cooperation Act. IT IS THE PURPOSE OF THIS AGREEMENT to provide funding to the DISTRICT for the development of a work plan as required for implementation of the Voluntary Stewardship Program, consistent with RCW 36.70A.700-760 and related statutes. THEREFORE, IT IS MUTUALLY AGREED THAT the COUNTY will provide funding consistent with the terms of this agreement and the DISTRICT will implement the terms of this agreement with the funding provided consistent with the policies of the COUNTY and the laws of the state of Washington. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the effective date of this agreement and be completed on June 30, 2016, unless either extended by agreement of the parties or terminated sooner, as provided herein. It is the intent of the parties that the period of performance will be consistent with the timelines set forth in RCW 36.70A.720-735, subject to available funding, and subject to state contracting requirements. STATEMENT OF WORK The DISTRICT shall furnish the necessary personnel, equipment, material and/or services) and otherwise do all things necessary for or incidental to the performance of the work set forth herein. The DISTRICT shall report in writing any problems, delays or adverse conditions that will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed to resolve the situation. Scope of Work: The scope of the work to be performed by the DISTRICT under this agreement is the following: (a) Implement requirements of the Voluntary Stewardship Program (VSP) and RCW 36.70A.700-760. (b) Designate, and organize, and convene a watershed work group. (c) Provide staff support for the watershed work group. (d) Provide for facilitation of the watershed work group if needed. (e) Assist the watershed work group in the development of a work plan that meets the requirements of RCW 36.70A.720. Deliverables: (a) Provide a quarterly report to the Mason County Commissioners in a form and manner proscribed by the WA State Conservation Commission. VSP Agreement Between Mason County and Mason Conservation District- Page 1 of 8 (b) Provide to the COUNTY a final work plan meeting the requirements of RCW 36.70A.720 FUNDING AVAILABLE Funding provided by legislative appropriation for the work herein will not exceed $150,000. Payment for satisfactory performance of the work accomplished under this Agreement shall n ot exceed this amount. . Eligible Costs: The COUNTY will pay the following costs: • Salaries and benefits, 20% indirect of salaries and benefits is allowed • Travel, including mileage and per diem for program staff, consistent with state law Travel and expenses paid directly to work group participants is not allowed • Meeting rooms and light refreshments for working meetings • Reports, studies, and research • Copy and printing costs • Facilitation Pre -approval by the Commission is required for equipment purchases which should be directly related to the activities of the work group. Equipment includes, but is not limited to, computers, data base software, and GIS software Disallowed Costs: The DISTRICT is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors and Assignees If the DISTRICT expends more than the amount of the COUNTY funding in this agreement in anticipation of receiving additional funds from the COUNTY, it does so at its own risk. The COUNTY is not legally obligated to reimburse the DISTRICT for costs incurred in excess of this Agreement Insufficient Funds: The obligat on of the COUNTY to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this contract crosses over state fiscal years the obligation of the COUNTY is contingent upon the appropriation of funds during the next fiscal year The failure of the legislature or federal agencies to appropriate or allot such funds to the program shall be good cause to terminate this contract and for the director of the Commission to determine that the watershed has not received adequate funding to implement the program consistent with RCW 36.70A.735(d). Method of Compensation: Payment shall be made on a reimbursable basis for costs or obligations Eligible costs or o bligations incurred by the DISTRICT will be considered to have been paid by the DISTRICT u nder this contract at the time the DISTRICT seeks reimbursement from the COUNTY. No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the COUNTY. VSP Agreement Between Mason County and Mason Conservation District- Page 2 of 8 BILLING PROCEDURE The DISTRICT shall submit invoices in the form and manner identified by the Commission to: Mason County Budget Manager 411 North 5th Street Shelton, WA 98584 Email: fpinterco.mason.wa.us Invoices for payment shall be submitted monthly. An invoice shall be submitted regardless of whether work has been done on the project A timesheet for staff costs is required and will be at the comp rate or billing rate Payment to the DISTRICT for approved and completed work will be made by warrant when the COUNTY has received the reimbursement from the Commission. Payment will be made to the following: Mason Conservation District — 450 W Business Park Rd., Shelton, WA 98584 Final Request for Payment: The DISTRICT must submit final requests for compensation within 30-days after the expiration date of this Agreement or the end of the fiscal year, whichever is earlier. Failure to comply with this timeline may result in denial of any such claim. CONTRACT MANAGEMENT Each party shall assign a specific individual to be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Project Officer for the COUNTY is: Frank Pinter, Budget Manager Mason County 411 North 5th Street Shelton WA 98584 (360) 427-9670 ext. 530 fprnter(c�co.mason wa.us The contact for the DISTRICT is: John Bolender Mason Conservation District E450 W Business Park Road Shelton, WA 98584 EMAIL: Jboeender@masoncd.org TERMINATION The DISTRICT may terminate this Agreement upon 30 days prior written notification to the COUNTY If this Agreement is terminated by the DISTRICT, the DISTRICT shall be reimbursed only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. If the DISTRICT terminates this Agreement prior to the work plan's approval or prior to when the work plan s goals and Benchmarks are met, the DISTRICT may be subject to the requirements of RCW 36.70A.735 and related statutory sections VSP Agreement Between Mason County and Mason Conservation District- Page 3 of 8 The COUNTY may terminate this Agreement upon 30 days prior written notification to the DISTRICT for cause, or for failure to complete the requirements of the Scope of Work or Deliverables in a reasonable time frame. If this Agreement is terminated by the COUNTY, the DISTRIC' shall be reimbursed only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. BREACH The DISTRICT shall not be relieved of any liability to the COUNTY for damages sustained by the COUNTY and/or the State of Washington because of any breach of contract by the DISTRICT. The COUNTY may withhold payments for the purpose of setoff until such time as the exact amount of damages due the COUNTY from the DISTRICT is determined. In the event the DISTRICT fails to commence work on the project funded herein within the timelines established under RCW 36.70A., the DISTRICT shall be subject to the requirements of RCW 36.70A.735. ENTIRE AGREEMENT AND CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement and the attached Appendix A contain the entire integrated agreement of the parties may be changed, modified or amended by written agreement executed by both parties. EFFECTIVE DATE The effective date of this Agreement shall be November 24, 2015. This date shall be the "receipt of funds" date for purposes of RCW 36.70A.703(9) and RCW 26.70A.725(5) and (6). MASON CONSERVATION DISTRICT Signature David Mackey, Chair MASON COUNTY / A 17 ; Signature Date Title — Chair Approved as to Form: Tim Whitehead, Chief DPA Date VSP Agreement Between Mason County and Mason Conservation District- Page 4 of 8 Voluntary Stewardship Program COUNTY and DISTRICT Agreement APPENDIX A — GENERAL TERMS AND CONDITIONS DEFINITIONS Terms used throughout this contract are defined below: "Agreement" shall mean the Grant Agreement to which these terms and conditions are affixed. "Agent" shall mean any entity to which the County has assigned responsibilities as allowed in the agreement. "Commission" shall mean the Washington State Conservation Commission, any division, section, office, including the Office of Farmland Preservation, unit or other entity of the Commission, or any of the officers or other officials lawfully representing the Commission. "County" shall mean the County receiving the funds as identified in the Agreement that this Appendix is a part of, and is performing activities under this contract, and shall include all employees of the County. "Project Officer" shall mean the specific employee of the County that is assigned as the primary contact for purposes of the fulfillment of this Agreement. `Voluntary Stewardship Program" and "VSP" shall mean the program established in, and governed by RCW 36.70A.700-760 and associated statutes. DISPUTES Except as otherwise provided in this contract, any dispute arising under this contract shall be decided in the following manner: By the Project Officer or other designated official who shall provide a written statement of decision to the Mason County Commissioners. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date the Mason County Commissioners receive such statement, a wntten appeal is filed. An appeal of the Project Officer s decision shall be addressed by the Mason County Commissioners The DISTRICT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Mason County Commissioners for the resolution of such appeals shall be final and conclusive and constitutes a final agency action. Pending final decision of dispute hereunder, the DISTRICT shall proceed diligently with the performance of this contract and in accordance with the decision rendered. 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. The DISTRICT and any Agent shall comply fully with all applicable federal, state and local laws, orders regulations and permits Any action brought to enforce the terms of this Agreement shall be in the Superior Court for Mason County. Except as otherwise provided in this Agreement in the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs 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; VSP Agreement Between Mason County and Mason Conservation District- Page 5 of 8 b. Statement of work; and c. Any other provisions of the agreement, including materials incorporated by reference. CONTRACTING FOR SERVICES Contracts for personal services, purchased services/goods, and public works shall be awarded through a competitive process, if required by State law. The DISTRICT shall retain copies of all bids received and contracts awarded, for inspection and use by the COUNTY. Retention of copies shall be consistent with time penods established herein. INDEMNIFICATION COUNTY agrees to indemnify, defend and hold harmless the DISTRICT, its affiliates, clients, vendors and business partners, and its members, employees, agents, successors and assigns from any and all demands liabilities, losses, costs and claims, (including reasonable attorney's fees) and including any compensatory damages, punitive damages, and statutory damages asserted against the DISTRICT, its affiliates, clients vendors and business partners, and its members, employees, agents, successors and assigns, that may arise or result from services provided or performed by the DISTRICT under the terms of this Agreement The DISTRICT agrees to indemnify, defend and hold harmless the COUNTY, its affiliates, clients vendors and business partners, and its members employees, agents, successors and assigns from any and all demands, liabilities, losses, costs and claims, (including reasonable attorney's fees) and including any compensatory damages, punitive damages and statutory damages asserted against the COUNTY, its affiliates, clients vendors and business partners, and its members, employees, agents, successors and assigns, that may arise or result from services provided or performed by the COUNTY under the terms of this Agreement. RECOVERY OF PAYMENTS In the event the DISTRICT fails, for any reason, to perform obligations required of it by this contract, the DISTRICT may at the COUNTY S sole discretion, be required to repay to the DISTRICT all or a portion of grant funds disbursed to the DISTRICT for those parts of the project that are rendered worthless in the opinion of the COUNTY by such failure to perform. In the event that the DISTRICT fails to expend funds under this contract in accordance with state laws and/or the provisions of this contract the COUNTY reserves the right to recapture state funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such rights of recapture shall exist for a penod not to exceed six years following contract termination. Repayment by the DISTRICT of funds under this recapture provision shall occur within 30 days of demand. In the event that the COUNTY is required to institute legal proceedings to enforce the recapture provision, the COUNTY shall be entitled to its costs thereof including attorneys' fees Interest shall accrue at the rate of twelve percent (12%) per annum from the time the COUNTY demands repayment of funds. Any property acquired under this contract, at the option of the COUNTY, may become the COUNTY S property and the DISTRICT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. VSP Agreement Between Mason County and Mason Conservation District- Page 6 of 8 INELIGIBILITY - If federal funds are the basis for this contract, the DISTRICT certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. INDEPENDENT RELATIONSHIP The DISTRICT or District's Agent(s) performing under this contract are not employees or agents of the COUNTY. The DISTRICT shall not hold themselves out as nor claim to be an officer or employee of the COUNTY or of the State of Washington by reason hereof, nor will the DISTRICT make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work outlined in the scope of work shall be solely with the DISTRICT. KICKBACKS - The DISTRICT and its employees and authorized representatives are prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. INTELLECTUAL PROPERTY Copyrights and Patents. Should the DISTRICT create any copyrightable materials or invent any patentable property in the course of the scope of work governed by this Agreement, the DISTRICT may copyright or patent the same but shall grant the COUNTY a royalty - free nonexclusive and irrevocable license to reproduce, publish recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions developed by the DISTRICT as provided in 35 U S.C. 200-212. P ublications. When the DISTRICT or persons employed by the DISTRICT use or publish information of the Commission present papers, lectures, or seminars involving information supplied by the Commission; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the Commission. P ROPERTY MANAGEMENT The Commission's Property and Records Management Policy, and any updates thereto, shall control the use and disposition of all real and personal property purchases wholly or in part with funds furnished by the Commission in the absence of state, federal statute(s), regulations(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein 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, federal officials so authorized by law and as provided by the state Public Records Act RCW 42.56. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration 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. VSP Agreement Between Mason County and Mason Conservation District- Page 7 of 8 SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 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 a writing signed by an authorized representative of the party and attached to the original Agreement. VSP Agreement Between Mason County and Mason Conservation District- Page 8 of 8 MASON CONSERVATION DISTRICT 2016 Composite Rates SUMMARY Breakdown of Subconsultant's Labor Cost Employee Name Bauder Bolender Denoyer Geiger Hatch-Winecka Hibler Lloyd Redfern Strelioff Symons Tennison Thurman -Williams Billing Rate/HR 57.67 84.27 54.08 79.41 60.18 65.01 42.58 45.12 59.70 40.41 49.70 47.37 Billing Rate/Day 461.32 674.15 432.60 635.24 481.40 520.04 340.60 360.92 477.56 323.24 397.56 378.92