HomeMy WebLinkAbout050619_ca13 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Su Tipton
DATE: 71/6,i/ &, ;262/6'
SUBJECT: Interagency Agreement between WA State Parks & Recreation and
Jefferson County Noxious Weed Control Board
STATEMENT OF ISSUE:
Scope of work to address removal of poisonous Hemlock with hand tools and provide one
annual training on preventative noxious weed control measures to staff
ANALYSIS:
Initial removal and training of staff for annual preventative control actions for poisonous
hemlock will help reduce the infestation of this invasive weed.
FISCAL IMPACT:
Payment for removal and training will not exceed $4,000.
RECOMMENDATION:
Recommend Commissioners approve this interagency agreement.
REVIEWED BY:
S-737(?
'fillip Morley; . my Admini. ator Date
•
WASHINGTON
WASHINGTON
ElINTERAGENCY AGREEMENT en
>.,,✓ _ Between 4,
WASHINGTON STATE PARKS AND RECREATION COMMISSION
And
JEFFERSON COUNTY NOXIOUS WEED CONTROL BOARD
AGREEMENT NO. IA 719-384
THIS AGREEMENT is made and entered into by and between the Washington State Parks
and Recreation Commission, hereinafter referred to as "State Parks," and Jefferson County
Noxious Weed Control Board, hereinafter referred to as the "Contractor."
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
The Contractor 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 in
Exhibit A attached hereto and incorporated herein.
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 October 1, 2019, unless terminated sooner as
provided herein. Agreement shall automatically expire on October 1, 2019, 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 Four Thousand and No/100 Dollars ($4,000.00). 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.
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.
t. '
Cost Code:39000-150 Page 1 of 5
•
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.
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.
Cost Code:39000-150 Page 2 of 5
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 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
Cost Code:39000-150 Page 3 of 5
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: Joost Besijn, Program Coordinator, (360) 379-5610
x205.
The Project Representative for State Parks is: Brian Hageman, Olympic View Area Manager, (360)
344-4401.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Washington State Parks and Jefferson County
Recreation Commission Noxious Weed Control Board
By: 4(// /if. By: \Oo
Title: C G° Title: C iord;`fi/Or-
Date:
O-Date: 215// 9 Date: 01 1 3 — 20 f
COUNTY OF JEFFERSON Approved as to form
BOARD OF COMMISSIONERS �.
By:
By: Philip Hunsucker
David Sullivan
Title: Chair, Board of Commissioners Title: Civil Deput Prosecuting Attorney
Date: Date: Y72-3
Approved As To Form: RECEIVED
ON
William Van Hook
Asst.Attorney General
02/20/07
RAR 1 5 2018
Cost Code:39000-150 CONTRACTS A?VC Page 4 of 5
PROCURE - ..r
Exhibit A
Scope of Work
Contractor will:
• Bring in a specialized WCC crew for four (4) days to remove poisonous Hemlock with
hand tools at Fort Worden State Park.
• Be solely responsible for the activities conducted by its staff and/or contractors within the
State Park facilities.
• Schedule and participate in meetings with State Parks staff to review work deliverables,
priorities, methods, and report on what was accomplished and how the funds were used.
• Provide one annual training on preventative noxious weed control measures.
State Parks will:
• Report locations of noxious weeds to Weed Control Board staff when detected.
• Participate in an annual training on preventative noxious weed control measures provided
by Noxious Weed Board.
• Participate in meetings with Weed Control Board staff to review work deliverables,
priorities, methods, etc.
Cost Code:39000-150 Page 5 of 5