HomeMy WebLinkAboutWashington State Parks and RecreationINTERAGENCY AGREEMENT
Between
WASHINGTON STATE PARKS AND RECREATION COMMISSION
And
MASON COUNTY NOXIOUS WEED CONTROL BOA
AGREEMENT NO. IA 921-416
THIS AGREEMENT is made and entered into by and between the W
and Recreation Commission, hereinafter referred to as "State Parks," and Mas
Weed Control Board hereinafter referred to as the "Contractor".
ate Parks
my Noxious
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 Contractor can perform on a
mutually beneficial basis.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
Noxious Weed Control in State Parks within Mason County
Mason County will provide staff, equipment, notices, herbicides, surfactants, and dyes as needed to
control several species of noxious weeds in State Parks within Mason County, in particular Belfair,
Potlatch, and Lake Isabella. Mason County will also do all required permitting and reporting. Control
work will begin in May and conclude June 30, 2021. Timing of control must be flexible and is
dependent on weather and the appropriate growth stage of each species. Control must meet state
regulations.
A person with a current herbicide applicators license will be on site and supervising during herbicide
treatments. Invoices and pesticide application records will be submitted to State Parks in a timely
manner.
State Parks will provide needed information on weed locations, conduct follow-up surveys to assess
success rates and provide support staff as possible.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on the
date signed by State Parks, and be completed on June 30, 2021, unless terminated sooner as
provided herein. Agreement shall automatically expire on June 30, 2021, unless otherwise extended
by 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 estimated that the cost of accomplishing the work
herein will not exceed Five Thousand, and No/100ths Dollars ($5,000.00). 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.
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BILLING PROCEDURE
The Contractor shall submit invoices no more often than monthly. Payment to the Contractor 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.
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.
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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
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
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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.
The Project Representative for Contractor is: Patricia Grover, Coordinator, (360) 427-9670
The Project Representative for State Parks is: Linda Kunze, Parks Planner, (360) 427-9670
IN WITNESS WHEREOF, the parties have executed this Agreement.
Mason County
Board
antra I Washington State Parks and
Recreation Commission
By: , j 04\k Cay:
Title: Naw
Date: 5.2_b.2.021
Approved As To Form:
William Van Hook
Asst. Attorney General
02/20/07
P
SUk
Michael Maverick
Title: Contracts Manager, State Parks
5 2_ c
Date:
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