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HomeMy WebLinkAboutWashington State Parks and Recreation Commission - Interlocal Agreement INTERAGENCY AGREEMENT UH OV. Between WASHINGTON STATE PARKS AND RECREATION COMMISSION And v MASON COUNTY NOXIOUS WEED BOARD AGREEMENT NO. IA 123-503 THIS AGREEMENT is made and entered into by and between the Washington State Parks and Recreation Commission, hereinafter referred to as"State Parks," and Mason County Noxious Weed Board hereinafter referred to as the "County". This agreement is authorized to be entered into through Chapter 39.34 RCW, the Interlocal Cooperation Act. IT IS THE PURPOSE OF THIS AGREEMENT to provide the professional expertise that does not exist within the limited staff availability of State Parks and that the County can perform on a mutually beneficial basis. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The County 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 below: The County shall perform services necessary to control noxious weed species as needed within state parks in Mason County. State Parks and the County will confer and agree upon species and control approaches in advance of control treatments. Timing of control will be flexible and is dependent on weather and the appropriate growth state of each species. The County shall provide all necessary labor, equipment, materials, licensing, permitting, and reporting to complete weed control work on State Park properties as requested. The County shall notify State Parks staff at least one week prior to conducting any work. State Parks may provide support staff as possible. State Parks and the county may collaboratively map the distributions of the noxious weed species and conduct follow-up surveys to assess success rates. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the date signed by State Parks, unless terminated sooner as provided herein. Unless otherwise amended in writing, this agreement shall automatically terminate on June 30, 2023, due to the Cost Code:31000 Page 1 of 5 end of biennial funding by the legislature. If adequate funding is established for the project into the next biennium, this agreement will continue in full force and effect until June 30, 2025. without interruption. 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 estimated that the cost of accomplishing the work herein will not exceed Seventeen Thousand, Five Hundred and No/100ths Dollars ($17,500.00) Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Compensation shall not exceed $7,500 before June 30, 2023, without State Parks prior approval. An additional allotment of$10,000 shall be made available starting July 1, 2023, to June 30, 2025. BILLING PROCEDURE The County shall submit invoices no more often than monthly. Payment to the County for approved and completed work will be made by warrant or account transfer by State Parks within 30 days of receipt of the invoice. Upon expiration of the contract, 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. RECORDS MAINTENANCE The parties to this contract 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, 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 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. 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 which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the state of Washington. 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. Cost Code:31000 Page 2 of 5 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 this Agreement prior to the effective date of termination. INDEMNIFICATION Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. 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 fifteen (15) working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 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, contract 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. As an alternative to this process, 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. GOVERNANCE This contract 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 Cost Code:31000 Page 3 of 5 to conform to those laws. 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. statement of work; and c. any other provisions of the agreement, including materials 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 a writing signed by an authorized representative of the party and attached to the original Agreement. 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. 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. PROJECT MANAGEMENT The project representative 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. Cost Code:31000 Page 4 of 5 The Project Representative for County is: Kela Hall-Wieckert, phone number: (360)427-9670 Ext. 592. The Project Representative for State Parks is: Nathan Johnson, phone number: (360) 485-0665 IN WITNESS WHEREOF, the parties have executed this Agreement. Mason County Board of Washington State Parks and County Commissioners Recreation Commission Manager, Contracts, Title: Title: Grants & Procurement Services Date: V&xw -�4 Date: -- Approved As To Form: William Van Hook Asst.Attorney General 02/20/07 Cost Code:31000 Page 5 of 5