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Contract - 08-04-2015 - 7398 - Knotweed Funding from WSDAAS -7398
BOCC Agenda
Meeting Date:
Knotweed Fund
Submitted For:
Submitted By:
Department:
08/04/2015
ng from WSDA
Angelica Velazquez, Noxious Weed Control
Angelica Velazquez, Noxious Weed Control
Noxious Weed Control
Information
Motion Items 6.
Subject and Summary Statement
Attached is the Interagency Agreement between Washington State Department of Agriculture and
Cowlitz County and its agent the Cowlitz County Noxious Weed Control Board to provide funding to the
program for Knotweed control on several watersheds in Cowlitz County.
Will Staff Attend Y / N
No
Department Recommendation
It is the recommendation of the Cowlitz County Noxious Weed Control Board that the Board of County
Commissioners move to enter into the Interagency Agreement with the Washington State Department of
Agriculture for Funding to treat Knotweed on various watersheds in Cowlitz County.
Fiscal Impact
Expenditure Required $: 10,000
Budget Sufficient Y -N: Yes
Amendment Required Y -N: No
Source of Funds - Fund /Dept.: 106 -224
Grant Y -N: Y
Attachments
knotweed grant funding
Inbox
Noxious Weed Control (Originator)
Financial Management
Dana Gigler
Clerk of the Board
Form Started By: Angelica Velazquez
Final Approval Date: 07/27/2015
Form Review
Reviewed By
Angelica Velazquez
Claire Hauge
Dana Gigler
Tiffany Ostreim
Date
07/24/2015 03:46 PM
07/27/2015 09:31 AM
07/27/2015 10:29 AM
07/27/2015 11:00 AM
Started On: 07/24/2015 03:19 PM
Contract Number: K1738
INTERAGENCY AGREEMENT
BETWEEN
WASHINGTON STATE DEPARTMENT OF AGRICULTURE
AND
COWLITZ COUNTY
AND ITS AGENT
COWLITZ COUNTY NOXIOUS WEED CONTROL BOARD
THIS AGREEMENT is made and entered into by and between the Washington State
Department of Agriculture (WSDA) and Cowlitz County and its agent, Cowlitz County Noxious
Weed Control Board.
IT IS THE PURPOSE OF THIS AGREEMENT to provide Cowlitz County and its agent,
Cowlitz County Noxious Weed Control Board, funding for a project to control invasive knotweed
species on Abernathy and Monahan Creeks; Wyatt Creek area and the Toutle and Coweeman
River watersheds in Cowlitz County.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
Cowlitz County through its agent, Cowlitz County Noxious Weed Control Board, shall furnish the
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" which is
attached hereto and incorporated herein.
PERIOD OF PERFORMANCE
Regardless of the date of signature and subject to its other provisions, this Agreement shall
begin on July 1, 2015 and end on June 30, 2017, unless terminated sooner or extended by
WSDA as provided herein.
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 determined that the cost of accomplishing
the work herein will not exceed $25,000.00. Only reasonable costs identified in Attachment "A ",
incurred directly related to the Cowlitz County Knotweed Control and Eradication Program, will
be reimbursed to Cowlitz County 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. Compensation for service(s) shall be as set
forth in accordance with the budget in Attachment "B" which is attached hereto and incorporated
herein.
BILLING PROCEDURE
Cowlitz County shall submit properly completed invoices quarterly to the WSDA Agreement
administrator. Reference WSDA Contract Number K1738 on all invoices. Payment to Cowlitz
County for approved and completed work will be made by warrant or account transfer by WSDA
within 30 days of receipt of the properly completed invoice. Upon expiration of the Agreement,
any claim for payment not already made shall be submitted within 30 days after the expiration
Page 1 of 5
Contract Number: K1738
date or the end of the fiscal year, whichever is earlier. In no case can this be more than 10
days past the end of the biennium.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other
evidence that sufficiently and properly reflect all direct and indirect costs expended by either
party 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 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 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.
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, 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 parties.
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, 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 the Agreement prior to the effective
date of termination.
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 15 working days of receipt of
Page 2 of 5
Contract Number: K1738
written notice. If 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 Cowlitz County, terminate this Agreement if it is found after due
notice and examination by the Director 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; chapter 42.23 RCW; or any similar statute involving Cowlitz County in
the procurement of or performance under this Agreement. Unless stated otherwise, the
signatory of this Agreement is the Director's designee.
In the event this Agreement is terminated as provided above, WSDA shall be entitled to pursue
the same remedies against Cowlitz County and its agent, Cowlitz County Noxious Weed Control
Board, as it could pursue in the event of a breach of the Agreement by Cowlitz County or its
agent, Cowlitz County Noxious Weed Control Board. 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. The existence of facts upon which the Director of the Department of
Agriculture, and /or the designee authorized in writing to act on the Director's behalf, makes any
determination under this clause shall be an issue and may be reviewed as provided in the
Disputes" clause of this Agreement.
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, agreement 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.
LICENSING BONDING INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE
Cowlitz County and its agent, Cowlitz 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, Industrial Insurance. Cowlitz County and its agent, Cowlitz 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. In the event of a lawsuit involving this contract, venue shall
be proper only in Thurston County, Washington.
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. Plan of Work (Attachment A);
C. Budget (Attachment B);
Page 3 of 5
Contract Number: K1738
d. Permission to Enter Private Land and Waiver of Liability (Attachment C); and
e. Any other provisions of the Agreement, including material incorporated by
reference.
ASSIGNMENT
Cowlitz County and its agent, Cowlitz County Noxious Weed Control Board, are responsible for
ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are
carried forward to any subcontracts. In no event shall the existence of any subcontract operate
to release or reduce the liability of Cowlitz County and its agent, Cowlitz County Noxious Weed
Control Board, to WSDA for any breach in the performance of Cowlitz County and its agent
Cowlitz County Noxious Weed Control Board's duties.
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 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.
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:
The Agreement administrator for Cowlitz County is:
James Marra, Ph.D.
Pest Program Manager
Washington State Dept. of Agriculture
Plant Protection Division
PO Box 42560
Olympia, Washington 98504 -2560
360) 902 -2071
jmarra @agr.wa.gov
Angelica Velazquez, Coordinator
Cowlitz County Noxious Weed Control
Board
Administration Annex Building
207 Fourth Avenue North
Kelso, Washington 98626
360) 577 -3117 ext. 1
velazqueza @co. cowl itz.wa. us
Page 4 of 5
Contract Number: K1738
All communications between the parties relating to this Agreement and any billings and
payments will be directed to those persons. Either party may change administrators by notifying
the other in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE
DEPT.
By:
Title:
Date r
Board of County Commissioners
Of Cowlitz County, Washingto
Michael A. Kar ofski, Chai an
Dennis . Weber
44-,
Joe Gardner, Commissioner
yr
S 4J{r i"f
Attest: k
4TiffanyOstre , Cle f the Board
Page 5 of 5
LOTSM i .Mil.. , TMN1616i114 :3
ATTACHMENT A
Plan of Work
Cowlitz County
and its agent Cowlitz County Noxious Weed Control Board
Project for Knotweed Control
July 1, 2015 to June 30, 2017
County Knotweed Control Criteria:
Cowlitz County through its agent, Cowlitz County Noxious Weed Control Board, will conduct
control work on the knotweed infestations on Abernathy and Monahan Creeks; Wyatt Creek
area and the Toutle and Coweeman River watersheds in Cowlitz County. Treatment of these
areas will utilize funding allotted by the state legislature for control of knotweed species during
the 2016 -17 state fiscal biennium. Control shall include field survey directly associated with
areas to be treated.
Minimum work specifications: workers will be hired or contracted to treat knotweed infestations
known or discovered in the area identified above. Cowlitz County knotweed control employees
or contractors will use an integrated weed management approach, in conjunction with the best
management practice for the control of invasive knotweed species. All control methods will be
employed consistent with the laws, rules and regulations of Washington State, Cowlitz County,
the Noxious Emergent Plant Management Environmental Impact Statement (EIS) first published
in November 1993, and all subsequent amendments to the EIS.
Cowlitz County, or subcontractors to Cowlitz County, must enter into a contract with WSDA
under which Cowlitz County, or subcontractors to Cowlitz County, act as limited agents to carry
out noxious and quarantine weed control for WSDA under the "Aquatic Noxious Weed Control
National Pollutant Discharge Elimination System Waste Discharge General Permit" ( NPDES
permit) prior to the performance of any activity pursuant to this Agreement that discharges
herbicides directly into streams or rivers, or indirectly into streams, rivers, estuaries, wetlands,
along lake shorelines, or in other wet areas. Herbicide treatments may only occur at times
allowed under provisions of the NPDES permit and must comply with conditions specified in
such permit.
The crew will work closely with the county noxious weed coordinator and the WSDA Knotweed
Control Coordinator, and be active in the field from July 1, 2015 to June 30, 2017, as allowed by
the variable growth season of knotweed and any required preparation or conclusion times.
Work will only take place on property for which the Cowlitz County Noxious Weed Control Board
has obtained prior written permission for entry and treatment, utilizing the permission form
provided by WSDA (Attachment C) or any applicable permission form approved by WSDA, from
the landowner or tenant. Cowlitz County Noxious Weed Control Board will also provide access
to these properties for the WSDA Knotweed Control Coordinator. Changes made to any
permission form must be approved by WSDA prior to the performance of any work on that
property undertaken under terms of this Agreement.
Work Crew and Work Hours:
Page 1 of 2
Contract Number: K1738
The knotweed control crew will work or be under contract with the county noxious weed control
board during the specified period, dedicating their time to controlling knotweed in the project
area.
The control crew will have one crew leader who will be responsible for coordinating the crew's
work, and who will maintain ongoing contact with the county noxious weed coordinator and the
WSDA Knotweed Control Coordinator.
Equipment:
The knotweed control crew will use all available tools for control, including manual controls and
herbicide applications, to control knotweed infestations in Cowlitz County. The control crew
may use equipment provided by other agencies, provided the county noxious weed coordinator
and the WSDA Knotweed Control Coordinator agree to the usage of the equipment and
materials.
Program Needs Provided by WSDA:
WSDA may furnish the knotweed control crew with herbicide, public information fliers, public
notification signs, and other equipment as the WSDA Knotweed Control Coordinator deems
necessary. All unexpended items remain the property of WSDA.
Expenditures:
The funds provided for the county knotweed control crew will primarily go towards salaries and
benefits, travel, supplies and equipment expenses for the crewmembers. All supplies furnished
by WSDA will be used in Washington State and under the supervision of county personnel. An
inventory list will be furnished to WSDA upon request. Items such as computer programs,
models, food and beverage, or other costs not specified in this document will not be reimbursed
unless the expenditure is specifically authorized in advance in writing by WSDA.
Coordination:
The Cowlitz County Knotweed Control Program will be coordinated with state, local and private
control efforts.
Deliverables:
The county noxious weed coordinator will submit a written report to the WSDA Agreement
administrator, documenting the work conducted in Cowlitz County, as follows: A season ending
report is due December 1, 2015 and December 1, 2016, which will include the following: date(s)
of control activities, map of project area(s), the type of control conducted, difficulties
encountered, solid acres of knotweed treated, acres of knotweed protected, number of river
miles worked, number of landowners assisted, and photo documentation of selected sites,
including before and after treatment photos. The county noxious weed coordinator will supply
WSDA with all geographic information system data that is generated as a result of this
Agreement. Final payment under this Agreement will not be made until the season ending report
is accepted by WSDA.
These deliverables are separate from and in addition to any reporting requirements associated
with limited agent status under WSDA's Aquatic Noxious Weed Control NPDES General Permit
coverage.
Page 2 of 2
Contract Number: K1738
ATTACHMENT B
Budget
Cowlitz County
and its agent Cowlitz County Noxious Weed Control Board
Knotweed Control Project
July 1, 2015 to June 30, 2017
Total payment to Cowlitz County and its agent Cowlitz County Noxious Weed Control Board will
not exceed $25,000.00 in fiscal biennium 2017 (i.e., July 1, 2015 through June 30, 2017).
1. Contracted services ........................................................... ............................... $11,750.00
2. Salaries and benefits ......................................................... ............................... $9,250.00
3. Supplies, equipment, and travel ........................................... ............................... $3,415.00
4. Indirect .................................................................................... ............................... $585.00
TOTAL:....................................................................... ............................... $259000.00
Reimbursement for travel expenditures shall not exceed allowable costs as set forth in
Washington State travel regulations, contained in the Office of Financial Management State
Administrative and Accountinq Manual, Chapter 10, Section 90.
Page 1 of 1
Contract Number: K1738
ATTACHMENT C
Permission to Enter Private Land and Waiver of Liability
Cowlitz County
and its agent Cowlitz County Noxious Weed Control Board
Project for Knotweed Control
PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY
THIS AGREEMENT INCLUDES PERMISSION TO ENTER PRIVATE PROPERTY AND A WAIVER
OF CERTAIN CLAIMS OF LIABILITY. READ CAREFULLY BEFORE SIGNING.
This Permission to Enter Private Land and Waiver of Liability is made between the Cowlitz County Noxious
Weed Control Board, hereafter referred to as "the Board," and ,
hereafter referred to individually or collectively as "the property owner(s)."
INTRODUCTION
1. The control and eradication of noxious weeds on public and private lands is in the public interest and the
presence of invasive knotweeds (Polygonum spp.) on private lands threatens wildlife habitat and provides
a source for renewed infestation of other private and public lands. Effective eradication of knotweeds
requires concerted effort on both public and private lands to protect our natural resources.
2. The Board and its agents desire to perform activities to eradicate and /or control knotweed on public and
private lands within Cowlitz County. These activities are authorized and carried out under one or more of
the following chapters: 17.04 RCW, 17.06 RCW, 17.10 RCW, and 17.24 RCW.
3 The property owner(s) is /are the sole owner of property located at
in Cowlitz County, Washington, hereafter referred to as "the property."
4. The property owner(s) is /are interested in and benefited by the eradication and /or control of knotweed on
the property.
5. The property owner(s) and the Board desire to memorialize an agreement for the purpose of eradication
and /or control of knotweed on the property.
VT" k 3
Permission. In consideration of the benefits desc
the Board and its agents, contractors, cooperators
2015 to December 31, 2019 to perform activities
The property owner(s) acknowledge and agree
herbicide to the property.
ribed above, the property owner(s) grant permission to
and employees to enter onto the property from July 1,
to eradicate and /or control knotweed on the property.
that these activities may include the application of
The property owner(s) also grant permission to agents, contractors, cooperators and employees of the
Washington State University and /or the Washington State Department of Agriculture to enter onto the
property from July 1, 2015 to December 31, 2019 for the purpose of monitoring and evaluating the
success of knotweed eradication and /or control activities.
2. Expiration and Revocation. The Board and its agents, contractors, cooperators and employees are
permitted to enter the property on all of the above dates and until December 31, 2019, or until this
permission is revoked, whichever occurs first. The property owner(s) may revoke this permission by
Contract Number: K1738
presenting a written letter of revocation to the Board. The revocation is effective five (5) business days
after receipt by the Board.
3, Liability Waiver. The purpose of entry onto the property is to perform activities to eradicate and /or control
knotweed. The property owner(s) expressly agree to hold harmless the Board, the Washington Department of
Agriculture (WSDA), and the agents, contractors, cooperators and employees of the Board, or WSDA, and to
waive any claim of liability against the Board, WSDA, and the agents, contractors, cooperators and
employees of the Board, or WSDA, for any injury, damage, or harm which is the logical and intended
consequence of activities properly performed to eradicate and /or control knotweed.
The Board and its agents, contractors, cooperatc
the landowner for any injury, damage, or harm
As to any other act or omission of either party
own acts or omissions and those of its officers,
agreement shall be responsible to the other for
this agreement.
rs and employees agree to waive any claim of liability against
which is not the consequence of the landowner's negligence.
under this agreement, each party shall be responsible for its
employees and agents under this agreement. No party to this
the acts or omissions of entities or individuals not a party to
4. Entire Agreement. This Permission to Enter Private Land and Waiver of Liability contains the entire
agreement between the parties with regard to the matters set forth herein.
5. Applicable Law. This Permission to Enter Private Land and Waiver of Liability shall be construed and
interpreted according to the laws of the State of Washington.
BY THE SIGNATURE BELOW, THE PROPERTY OWNER(S) DECLARE THAT THE TERMS OF
THIS PERMISSION TO ENTER PRIVATE LAND AND WAIVER OF LIABILITY HAVE BEEN
COMPLETELY READ AND FULLY UNDERSTOOD AND VOLUNTARILY ACCEPTED AND
EXPRESSLY WAIVE ANY CLAIM THAT THIS PERMISSION TO ENTER PRIVATE LAND AND
WAIVER OF LIABILITY IS NOT FAIRLY AND KNOWINGLY MADE.
Property Owner(s) /Legal Representative:
Property Owner(s) Mailing Address:
Telephone Number(s):
PRINT) Name of property owner
PRINT) Name of property owner
PRINT) Name of property owner
PRINT) Name of authorized representative,
Cowlitz County Noxious Weed Control Board
Street
City
Signature of property owner
Signature of property owner
Signature of property owner
County
Signature of authorized representative,
Cowlitz County Noxious Weed Control Board
Zip
Date
Date
Date
Date
Contact information for the Cowlitz County Noxious Weed Control Board: Angelica Velazquez, (360) 577 -3117
207 Fourth Avenue North
Kelso, WA 98626