HomeMy WebLinkAboutNoxious Weed Road Division JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Sophie DeGroot, Noxious Weed Control Coordinator
DATE: September 2-S, 2023
SUBJECT: Noxious Weeds Control Contract: WA State Parks & Recreation Commission
STATEMENT OF ISSUE:
Noxious weeds are a threat to humans, animals, the economy, agriculture, recreation, and conservation in
Jefferson County. One aspect of the Jefferson County Noxious Weed Control Board's role is to help public
agencies control noxious weeds. State Parks face high risks of introduction of species due to high influxes
of visitors from all over the Country. If noxious weeds are present at campsites and on trails, there is also a
high risk of seeds or plant parts being picked up and brought to other Parks and campgrounds, as well as
other Counties.
ANALYSIS:
Historically, the JCNWCB has had a contract to work at Fort Worden, paid for by the Friends of Fort
Worden. This contract is separate from that and would provide support to Parks such as Fort Flagler, Fort
Townsend, and Dosewallips State Park. This contract would help the State Parks in Jefferson County control
noxious weeds when they are unable to do so due to understaffing or underqualified staffers.
FISCAL IMPACT:
The funding for this contract will come from the Washington State Parks and Recreation Commission. The
additional $10,000 per year that this contract brings will help directly support the seasonal Noxious Weed
Board employee.
RECOMMENDATION:
I recommend approval of this contract.
REVIEWED
Mark McCauley, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Department of Ecology-Washington Conservation Corps Contract No: WCC-2322
Contract For: WSU Ext- Noxious Weed Term: 10/1/2023- 9/30/2024
COUNTY DEPARTMENT: WSU Ext-Jefferson County Noxious Weed Control Board
Contact Person: Sophie DeGroot
Contact Phone: 360-316-9332
Contact email: sdegroot@co.jefferson.wa.us
AMOUNT: $45,730 PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: $45,730 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund 4 10g RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIAlrll
?WITH.i,ICC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: N/A:� =r(,;�> _ 1.1 i'!�
STEP 2: DEPARTMENT CERTIFIff H ; PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DE AR1 D BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A: �( .i
v Z c:1--3
Signature Dat
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserriche):
ate ep o co ogy c n ral8 a c - cann c ange.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Lascrfiche):.
Electronically approved as to form by PAO on 8/31/2023.
State contract. Some of the pages are loaded upside down - still need to fix
that. Signature page incorrect - Brotherton is chair - PAO fixed that.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
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INTERAGENCY AGREEMENT ti
Between
WASHINGTON STATE PARKS AND RECREATION COMMISSION And 9SHINO
Jefferson County Noxious Weed Control Board
AGREEMENT NO. IA 325-060
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 "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:
State Parks proposes to contract with the County to control noxious weed species as needed at
parks located in Jefferson 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 of execution by the date of the last signing party, and be completed on December 31, 2026,
unless terminated sooner as provided herein. Agreement shall automatically expire on December
31, 2026, unless otherwise extended by amendment.
Cost Code 31000 Page 1 of 5
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 Thirty-Four Thousand, Two Hundred Three, and No/100ths Dollars
($34,203.00). 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 for services shall be based on the
following rates and in accordance with the following terms, or as set forth in the table below:
Budgei
Cost Code Amount Comment
31000 $17,760 Date of Execution to June 30,
—�---- 2025
31000 1 $16,443 July 1, 2025 to Dec 31, 2026
TOTAL $32,203
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.
Cost Code 31000 Page 2 of 5
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.
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
Cost Code: 31000 Page 3 of 5
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 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: Sophie DeGroot, Coordinator, (360) 316-9332, email:
sdegroot@co.jefferson.wa.us
The Project Representative for State Parks is: Nathan Johnson, Parks Planner 3, (360) 316-9332,
email: nathan.johnson@parks.wa.gov
IN WITNESS WHEREOF, the parties have executed this Agreement.
Jefferson County Noxious Weed Control Washington State Parks and
Board Recreation Commission
By: S4 z By:
S6PwQ_ Yo° Dylan Davis-Bloom
Title: NoxiaKs WQed Coar°GNa+0�— Title: Contracts Manager, State Parks
Date: �d v� Date:
Approved As To Form:
William Van Hook
Asst.Attorney General
02/20/07
Cost Code:31000 Page 5 of 5
Board of County Commissioners
Jefferson County Washington
BY:
Greg Brotherton, Chair Date
BY:
Kate Dean, Commissioner Date
BY:
Heidi Eisenhour, Commissioner Date
SEAL:
ATTEST:
Carolyn Galloway, Clerk of the Board Date
Approved as to form only:
09/15/2023
Philip C, Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney