HomeMy WebLinkAboutExecuted Kittitas County K2284 - AM ContractContract Number:K2284
INTERAGEENWCEYEANGREEMENT WsoA
WAS INGTON STATE DENDARTMENT OF AGRICULTURE Ë 74
KITTITAS COUNTY
AND ITS AGENT
THE KITTITAS COUNTY HORTICULTURALPEST AND DISEASE BOARD
THIS AGREEMENT is made and entered into by and between the Washington StateDepartmentofAgriculture,hereinafter referred to as "WSDA,"and Kittitas County,hereinafter referredtoas"Kittitas County."
IT IS THE PURPOSE OF THIS AGREEMENT to provide Kittitas County and its agent,theKittitasCountyHorticulturalPestandDiseaseBoard,funding for the control and eradication of applemaggot(Rhagoletic pomonella)within Kittitas County,Washington,which is within the boundaries oftheFruitandVegetableInspectionDistrictTwoasdefinedinWAC16-390-010.
THEREFORE,IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
Kittitas County through its agent,the Kittitas County Horticultural Pest and Disease Board,shallfurnishthenecessarypersonnel,equipment,material and/or service(s)and otherwise do all thingsnecessaryfororincidentaltotheperformanceoftheworksetforthinAttachment"A"which isattachedheretoandincorporatedherein.
PERIOD OF PERFORMANCE
Regardless of the date of signature and subject to its other provisions,this Agreement shallcommenceonJuly1,2017 and be completed on or before June 30,2019,unless terminated soonerasprovidedherein.
PAYMENT
Compensation for the work provided in accordance with this Agreement has been established underthetermsofRCW39.34.130.The parties have determined that the cost of accomplishing the workhereinwillnotexceed$30,000.00.Only reasonable costs incurred directly related to the KittitasCountyAppleMaggotEradicationandControlProgramwillbereimbursedtoKittitasCountyunderthisAgreement.WSDA will not authorize reimbursement for administrative overhead charges.
Payment for satisfactory performance of the work shall not exceed this amount unless the partiesmutuallyagreeinwritingtoahigheramountpriortothecommencementofanyworkthatwillcausethemaximumpaymenttobeexceeded.Compensation for service(s)shall be as set forth inaccordancewiththebudgetinAttachment"B"which is attached hereto and incorporated herein.
BILLING PROCEDURE
Kittitas County shall submit properly completed invoices quarterly to the WSDA Agreementadministrator.Reference WSDA Contract Number K2284 on all invoices.Payment to Kittitas CountyforapprovedandcompletedworkwillbemadebywarrantoraccounttransferbyWSDAwithin30daysofreceiptoftheproperlycompletedinvoice.Upon expiration of the Agreement,any claim forpaymentnotalreadymadeshallbesubmittedwithin30daysaftertheexpirationdateortheendof thefiscalyear,whichever is earlier.In no case can this be more than 10 days past the end of thebiennium.
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Contract Number:K2284
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books,records,documents and other evidence thatsufficientlyandproperlyreflectalldirectandindirectcostsexpendedbyeitherpartyintheperformanceoftheservicesdescribedherein.Documents must also support performance and costsofanynatureexpendedintheperformanceofthisAgreement.These records shall be subject toinspection,review or audit by personnel of both parties,other personnel duly authorized by eitherparty,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 expirationoftheAgreementandtheOfficeoftheStateAuditor,federal auditors and any persons dulyauthorizedbythepartiesshallhavefullaccessandtherighttoexamineanyofthesematerials duringthisperiod.
Records and other documents,in any medium,furnished by one party to this Agreement to the otherparty,will remain the property of the furnishing party,unless otherwise agreed.The receiving party willnotdiscloseormakeavailablethismaterialtoanythirdpartieswithoutfirstgivingnoticetothefurnishingpartyandgivingitareasonableopportunitytorespond,consistent with applicable laws.Each party will utilize reasonable security procedures and protections to assure that records anddocumentsprovidedbytheotherpartyarenoterroneouslydisclosedtothirdparties.
RIGHTS IN DATA
Unless otherwise provided,data that originates from this Agreement shall be "works for hire"asdefinedbytheU.S.Copyright Act of 1976 and shall be owned by WSDA.Data shall include,but notbelimitedto,reports,documents,pamphlets,advertisements,books,magazines,surveys,studies,computer programs,films,tapes and/or sound reproductions.Ownership includes the right tocopyright,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 shallcontinuetobeemployeesoragentsofthatpartyandshallnotbeconsideredforanypurposetobeemployeesoragentsoftheotherparty.
AGREEMENT ALTERATIONS AND AMENDMENTSThisAgreementmaybeamendedbymutualagreement of the parties.Such amendments shall notbebindingunlesstheyareinwritingandsignedbypersonnelauthorizedtobindeachoftheparties.
TERMINATION
Either party may terminate this Agreement upon 30 days'prior written notification to the other party.IfthisAgreementissoterminated,the parties shall be liable only for performance rendered or costsincurredinaccordancewiththetermsoftheAgreementpriortotheeffectivedateoftermination.
TERMINATION FOR CAUSE
If for any cause,either party does not fulfill in a timely and proper manner its obligations under thisAgreement,or if either party violates any of these terms and conditions,the aggrieved party will givetheotherpartywrittennoticeofsuchfailureorviolation.The responsible party will be given theopportunitytocorrecttheviolationorfailurewithin15workingdaysofreceiptofwrittennotice.If thefailureorviolationisnotcorrected,this Agreement may be terminated immediately upon receipt ofwrittennoticeoftheaggrievedpartytotheother.
CONFLICT OF INTEREST
WSDA may,by written notice to Kittitas County,terminate this Agreement if it is found after due noticeandexaminationbytheDirectoroftheDepartmentofAgriculture,and/or the designee authorized inwritingtoactontheDirector's behalf,that there is a violation of the State Ethics Law,chapter 42.52
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Contract Number:K2284
RCW;or any similar statute involving Kittitas 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 Kittitas County and its agent,the Kittitas County Horticultural Pest and
Disease Board,as it could pursue in the event of a breach of the Agreement by Kittitas County or its
agent,the Kittitas County Horticultural Pest and Disease 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.
SAVINGS
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 the source of those funds,and if such funds are the basis for
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,and judgment may be entered in Thurston County superior court pursuant to Chapter 7.04
RCW.
LICENSING,BONDING.INDUSTRIAL INSURANCE AND OTHER INSURANCE COVERAGE
Kittitas County and its agent,the Kittitas County Horticultural Pest and Disease 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.Kittitas County and its agent,the Kittitas County Horticultural Pest and
Disease 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);and
d.Any other provisions of the Agreement,including material incorporated by
reference.
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Contract Number:K2284
ASSIGNMENT
The work to be provided under this Agreement,and any claim arising thereunder,is not assignable ordelegablebyeitherpartyinwholeorinpart,without the express prior written consent of the otherparty,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 fromsubsequentexerciseofsuchrightsandshallnotconstituteawaiverofanyotherrightsunderthisAgreementunlessstatedtobesuchinwritingsignedbyanauthorizedrepresentativeofthepartyandattachedtotheoriginalAgreement.
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shallbeheldinvalid,such invalidity shall not affect the other provisions of this Agreement which can begiveneffectwithouttheinvalidprovision,if such remainder conforms to the requirements of applicablelawandthefundamentalpurposeofthisAgreement,and to this end the provisions of this Agreementaredeclaredtobeseverable.
ALL WRITINGS CONTAINED HEREINThisAgreementcontainsallthetermsand conditions agreed upon by the parties.No otherunderstandings,oral or otherwise,regarding the subject matter of this Agreement shall be deemed toexistortobindanyofthepartieshereto.
CONTRACT MANAGEMENT
The Agreement administrator for each of the parties shall be responsible for and shall be the contactpersonforallcommunicationsandbillingsregardingtheperformanceofthisAgreement.
The Agreement administrator for WSDA is:Jim Marra,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
The Agreement administrator for Kittitas County is:Urban B.Eberhart,Chair
Kittitas County Hort.Pest &Disease Bd.
1601 Lawrence Road
Ellensburg,Washington 98926
(509)201-0776
urbaneberhart@gmail.comAnd/or
Judy Pless,Financial Officer
Kittitas County
205 West Fifth,Room 105
Ellensburg,Washington 98926
(509)962-7502
judy.pless@co.kittitas.wa.us
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Contract Number:K2284
All communications between the parties relating to this Agreement and any billings and payments willbedirectedtothosepersons.Either party may change administrators by notifying the other in writing.IN WITNESS WHEREOF,the parties have executed this Agreement.
STATE OF WASHINGTON KITTITAS CO YDEPT.OF AGRIC RE
By:By:
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Contract Number:K2284
ATTACHMENTA
Plan of Work
Kittitas County
and its agent the Kittitas County Horticultural Pest and Disease BoardAppleMaggotControlandEradication
July 1,2017 to June 30,2019
Kittitas County will conduct pest prevention/control activities on apple maggot (Rhaeoletis
pomonella)in Kittitas County,Washington in accordance with chapter 15.09 RCW.This effort isfocusedoncontainingexistingpopulationsidentifiedbyWSDA,preventing establishment andpossiblespreadingtoadjacentareasanderadicatingnewinfestationswherepossible.WSDA
will conduct an apple maggot detection program in Kittitas County and will provide a list of allnewpositivesitestotheKittitasCountyHorticulturalPestandDiseaseBoardControl
Coordinator (hereafter known as the control coordinator).
Kittitas County will contract for apple maggot control services for infestations known or
discovered in Kittitas County.The Kittitas County control coordinator and contractor(s)will use
an integrated pest management approach that incorporates tree and/or fruit removal,andinsecticideapplication.Kittitas County will ensure contracting procedures are in compliancewithallapplicablelaws,rules,regulations,and ordinances.All control methods employed will
be consistent with the rules and regulations of Washington State and Kittitas County.No tools orequipmentwillbepurchasedasapartofthisagreement.
Any contractor(s)providing apple maggot control services will be required to work closely with
the control coordinator.The control coordinator will consult with the WSDA project entomologistbasedinYakimaorhis/her supervisor,or the Pest Program Manager in Olympia,prior to applemaggotcontrolactivity(including insecticide application)at any site.The contractor(s)will beavailabletobeactiveinthefieldfromapproximatelyJuly10throughSeptember30,2017 andJuly10throughSeptember30,2018.The apple maggot flight season,control methodsavailableandsiteconditionsmaycausethesedatestovaryslightly.
DELIVERABLES
On or before December 15,2017,and again on or before December 15,2018,the control
coordinator will submit a written report to the WSDA Agreement administrator,documenting,at
a minimum,the following information for each site on which apple maggot control activity
occurs:location of site,date(s)of the control effort(s),type of control effort (i.e.tree removal,fruit removal,insecticide application)and results insofar as can be determined of the controleffort.Copies of all commercial pesticide application records will be attached to the report.AllreportsofunusualorunanticipatedeffectsontheenvironmentandreportsofnegativehumanhealtheffectsshallalsobereportedtoWSDAimmediatelyupondiscovery.
The Kittitas County Apple Maggot Control and Eradication Program will be coordinated with
state,local,and private control efforts.
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Contract Number:K2284
ATTACHMENTB
Budget
Kittitas CountyanditsagenttheKittitasCountyHorticultural Pest and Disease BoardAppleMaggotControlandEradicationJuly1,2017 to June 30,2019
1.Contracted services for control measures...................................................$30,000.00
Total
..................................................................................................$30,000.00
Reimbursement for travel expenditures shall not exceed allowable costs as set forth inWashingtonStatetravelregulations,contained in the Office of Financial Management StateAdministrativeandAccountingManual,Chapter 10,Section 90.
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Judy Pless
From:Judy Pless
Sent:Monday,August 07,2017 4:20 PM
To:'LDoyle@agr.wa.gov'
Cc:'Urban Eberhart'
Subject:RE:Kittitas County AM Contract K1788 with WSDA additional funding needs
Leah
I have sent to your attention via USPS,two original contracts,signed by the Board of County Commissioners.Pleasereturnacompletedcontacttomeforourrecords.You can send it to the information listed below.
Judy Pless
Budget &Finance Manager
Kittitas County Auditor's Of ice
Accounting Department
205 West Sth Ave suite 10
Ellensburg,WA 98926
509-962-7502
509-962-7687 fax
Aplesagitco.ktttitas wa.us
www.co.ktttitas.waas
From:Urban Eberhart [mailto:urbaneberhart@gmail.com]Sent:Tuesday,November 22,2016 3:26 PM
To:Judy Pless
Subject:Fwd:Kittitas County AM Contract K1788 with WSDA additional funding needs
----------Forwarded message --------
From:Doyle,Leah (AGR)<LDoyle@agr.wa.gov>
Date:Monday,November 21,2016
Subject:Re:Kittitas County AM Contract Kl788 with WSDA additional funding needsTo:"urbaneberhart@email.com"<urbaneberhart@gmail.com>
Cc:"Marra,James (AGR)"<JMarra@agr.wa.gov>
Good morning Urban,
Please find attached the amendment to your current contract with WSDA adding funds in the amount of $22,000.
Please review and if you agree,print 2 copies,have them signed,and send both copies back to us at the followingaddress:
PO Box 42560
Olympia,WA 98504-2560
Once we have signed them,we will return one back to you.
Let me know if you have any questions or concerns.
1
Thank you
Le Ðoyle
WS Dept of Agriculture
Program &Contract Specialist
PH:(360)902-2070
From:Marra,James (AGR)
Sent:Tuesday,November 15,2016 2:54 PM
To:Doyle,Leah (AGR)<LDoyle@agr.wa.gov>
Subject:FW:Kittitas County AM Contract K1788 with WSDA additional funding needs
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From:Urban Eberhart [mailto:urbaneberhart@gmail.com]
Sent:Tuesday,November 15,2016 11:50 AM
To:Marra,James (AGR);White,Brad (AGR)
Cc:Sandison,Derek (AGR);Whittenberg,Desirèe (AGR);Klaus,Mike (AGR);Mike Willett
Subject:Re:Kittitas County AM Contract K1788 with WSDA additional funding needs
Jim and Brad,
I am finally trying to get caught up on a few things after a very busy season.
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Consistent with our discussions earlier this year Kittitas County needs additional funding for apple maggot.Theamountneededis$22,000 from the HorticulturalDistrict 2 fimd and needs to be added to the existingagreementforthecontrolanderadicationofAppleMaggot.
We are continuing to treat and remove in the appropriate parts of the County.
We also are continuing to see major increases in apple production on the southern slopes of the Kittitas Valley.
We anticipate another several hundred acres of primarily Honeycrisp planted again next spring.The major
Companies that are expanding here are Washington Fruit,Columbia Reach and Zirkle Fruit.The Larson FruitandAuvilacreageseemtobeholdingsteady.(There are still a few of us smaller growers around as well).
Can you please make this amendment to the the existing agreement for us.
Thank you,
Urban
On Tue,Sep 8,2015 at 1:14 PM,Whittenberg,Desirèe (AGR)<DWhittenbera@aer.wa.gov>wrote:
Good Afternoon.Urban-
Attached is an electronic copy of the executed Kittitas County Apple Maggot Eradication &Control Kl788.A hard copy went out in
the mail today so you should be receiving that shortly.Please let me know if there is anything else I can help with at this time.
Have a great day!
Pest Program
Plant Protection Division
Olympia WA 98501-2589
(360)902-2070
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From:Whittenberg,Desirèe (AGR)
Sent:Tuesday,August 11,2015 2:34 PM
To:'Urban Eberhart'<urbaneberhart@email.com>
Cc:Marra,James (AGR)<JMarra@agr.wa.gov>;White,Brad (AGR)<BWhite@agr.wa.gov>
Subject:Kittitas County AM Contract Kl788 with WSDA
Dear Urban
Please fmd the attached agreement between Kittitas County and the Washington Department of Agriculture for the purpose of
funding Contract Kl788 to control and eradication of apple maggot within Kittitas County,Washington.
Once the documents have been signed by an approved representative please mail two copies back to me at the address which can be
found in my signature below.
A fully executed contract will then be returned to you.Please specify if an electronic PDF will be suffice or if you require a hard
copy for your own records.Thank you for your time.If you have any questions,please contact me at (360)902-2070.
Appreciatively,
Pest Program
Plant Protection Division
Olympia WA 98501-2589
dwhinenberg®agr.wa.gov
(360)902-2070
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N ofice:Email sent to Kittitas County may be subject to public disclosure as required by law
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