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HomeMy WebLinkAboutDept. of AgricultureContract Number: K4795 tnc cbn\racr- { 23- ioo INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF AGRICULTURE AND MASON COUNTY AND ITS AGENT THE IVIASON 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, hereinafler referred to as "Mason County." lT lS THE PURPOSE OF THIS AGREEMENT to provide funding for eradication and control of the Class B noxious weed perennial pepperweed (Lepidium lJtifotium; in Mason County. THEREFORE, IT IS MUTUALLY AGREED THAT: TAT E rYr F NT o F.,.YV-o RK Mason Gounty, through lts agent the Mason County Noxious Weed Control Board, shall furnish tho 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 and B" which are attached hereto and incorporated herein PERIOD OF PERFORMANqF, Subject to its other provisions, the period of performance of this Agreement shall commence on July 1, 2023, and be completed on or before June 30, 2024, unless terminatod sooner as provided herein. coMPENSAT|ON Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34,130. This is a performance-based contract, in which payment to the recipient (Mason County) is based on the successful completion of expected deliverables, The parties have determined that the cost of accomplishing the work herein will not exceed $2,150. 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) and proposal (Attachment B) 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. qrL!-rN,q BFocEpuRE Mason County shall submit a properly completed invoice to the WSDA Agreement administrator. Reference WSDA Contract number [K47951 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 comploted 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 (June 301t,,2024) whichover is earlier. BrLLrNq p-ETATL Each invoice voucher submitted to Agency by the Contractor shall include such inforrnation as is necessary for the Agency to determine the exact nature of all expenditures, At a minimum, the Contractor shall specify the following: File Name: K4795_MasonPepperweedContract Page 1 of 7 Contract Number: K4795 a. WSDA Aqreement Number K4795 .. b. The cost for eaqh deliverable, service provided, taqk cqmpleted, or item purchased. c, The total numbe.r gJ h.o.Uls worked.&f ..e.a-ch emploveq,or contracted labor. d. Ths_total amount of taxes. //f appllcablel e. f. The total invoice charqe. 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 is entitled to payment or has been or will be paid by any other source, including grants, for that service. FUNDING CONTINGENCY ln 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 Asreement with 30 davs advance notlce. lf this Aqreement is terminated. the narties shall be liable onlv for performance rendered or costs incurred in aocordance with the terms of this Aqrg_gmqn! prior to the effective date of terminationi b. Renesotiate the terms of the Asreement under those new fqndln$..lim.it3-t!"qng.pnd. conditions: c, After a review of proiect expenditures and deliverable status. extend the end date of this Aqreement and postpone deliverables or pofiions of deliverables: or, d. Pursue such other alternative as the parties mutuqily agreg to writinq, I,JA!,MENANGE o F REcoRDs The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and proporly reflect all direct and indirect costs expended by either pa(y 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 inspeclion, reviow 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. File Name: K4795_MasonPopperweedContract Page2 of 7 Contract Number: K4795 lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all lltigation, claims, or audit findings involving the records have been resolved. Records and other documents, in any rnedium, 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 padies 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 partios. However, the parties acknowledge that State Agencies are subject to chapter 42.56 RCW, the Public Records Act. strEsFcuRITJ While on Agency premises, Mason County, its agents, employees, or Subcontractors shall comply with the Agency security policies and regulations. 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, reglster, and the ability to transfer ihese rights. rNp-FfENpENr cAPAGTTY The employees or agents of each party who aro 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. AG REEMENT A LTERATIo N q. AN,p, AMFNpll/lENrS 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. TERMINATIgN. Either party may terminate this Agreement upon 30 days' prior written notification to the other party. lf 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. TERMTNATTON FOR CAUsq lf 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. lf 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 Dlrector 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 File Name: K4795_MasonPepperweedContract Page 3 of 7 Contract Number: R4795 or performance under this Agreement. Unless stated otherwise, the signatory of this Agreement is the Director's designee, ln the event this Agreernent is terminated as provided above, WSDA shall be entitled to pursue the same remedies against Mason County and its agent the Mason County Noxious Woed 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 ihe source of those funds, and if such funds are the basis for this Agreement, DISPUTES ln the event that a dispute arises under this Agreement, either of the parlies may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. Lr GENSI NG. BO N D I NG. I N DUSTRTAL I NSURANCEJN p qTH FR I N-S-U.,&qN cE ggyE RAc E 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, lndustrial lnsurance. 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. ln the event of a lawsuit involving this contract, venue shall be proper only in Thurston County, Washington ln 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); ande, Any other provisions of the Agreement, including material incorporated by reference. AS9IqNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either pady in whole or in part, without the express prior trvritten 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. 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 File Name: K4795_MasonPepperweedContract Page 4 of 7 Contract Number: K4795 terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the parties. SEVERABILITY iianlr terrn 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 WRtTtNGS CONTAINEp HE.F.ETN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwiso, 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@aqr,wa,gqv The Agreement administrator for Mason County is: Lisa DeWall, WSU Ext. Office Manager Mason County WSU Extension 303 N. Fourth Stt'eet Sholton, WA 98584 Phone: (360) 427-9670 ext. 680 I i s a_d @Juas-o-n g p u n"lLw& go v All communications botween the partios relating to this Agreement and any billings and payments witl be directed to thoso porsons. Either party may change administrators by notifying the other in writing. lN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON DEPT. OF AGRICULTURE MASON COUNTY F".-*#-*-. -4*-./By: Title: Date: v- By: Title: Date: 0harr t) ltslat File Name: K4795_MasonPepperweedContract \1-,6,1DyA Page 5 of 7 Contract Number: K4795 ATTACHMENT A Plan of lVo.r-k Mason Gounty and its agent the Mason County Noxious Weed Control Board Perennial Pepperweed Control Ending June 30,2024 The Mason County Noxious Weed Control Board will treat the class B noxious weed, perennial pepperweed (Lepidium latifolium) with the goal of eradication and/or control. Reimbursement for travel expenditures shall not exceed allowable costs as set forth in Washington State travel regulations, contained in the Office of Financial Management $tate Adminiqtfatjye and Acc.ounting 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 finalwritten report to the Washington State Noxious Weed Control Board, on or before June 30, 2024, 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 controldetails. 3. Gopies 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: K4795_MasonPepperweedContract Page 6 of 7 Attachccl as a PDF sepnrafely. Attachment Bn Proposal Contract Number: K4795 File Name: K4795_MasonPepperweedContract Page 7 of 7