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Home My WebLink AboutAgreements/Contracts - BOCC (003)e K ��,� K22-003 PROFESSIONAL SERVICES AGREEMENT HORTICULTURAL PEST AND DISEASE BOARD COORDINATOR/ INSPECTOR CONSULTANT THIS CONSULTANT AGREEMENT ("Agreement") is entered into between Grant County ("County"), a political subdivision of the State of Washington, b and through th g Y g e Grant County Horticultural Pest and Disease BoardJod " "Board , and ( ) y Ann Kane (Consultant), a sole proprietor. WHEREAS, the County desires to obtain an independent contractor toerform the p duties of Horticultural Pest and Disease Board Coordinator/Ins ector for the Board; and Coordinator/inspector , WHEREAS, Consultant is qualified and desires to provide the services necessary to perform the duties and responsibilities as the coordinator/ins ector for the Board; and p , WHEREAS, the purpose of this Agreement is to set forth the terms and conditions under which Consultant provides Horticultural Pest and Disease Board Coordinator/Inspector services. NOW, THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, County and Consultant mutually agree as follows: 1. SCOPE OF WORK. a. Perform horticultural pest and disease coordination/inspection work for the Board as defined by applicable authority, including, without limitation chapter 17.24 RCW. b. Any additional service(s) requested by the Board. 2. PERIOD OF PERFORMANCE. Subject to other Agreement provisions, the period ofp erformance under this Agreement will be from January 1, 2022 through December 31, 2022. 3. COMPENSATION. a. Amount of Compensation. Total compensation payable to Consultant for satisfactory performance of the work under this Agreement shall be Twenty -Five and No/100 Dollars ($25.00) per hour after receipt of properly completed invoices approved by the Board and/or County, all in an annual amount not to exceed Fifteen Thousand and No/100 Dollars ($15,000.00). Professional Services Agreement - 1 Civil 8\Deparatments\2022\Horticultural Pest & Disease Board\ b. Expenses. Out of pocket expenses incurred accomplishing tasks will be reimbursable. These expenses include, but are not limited to, long distance phone calls, supplies, reproductions, postage, and mileage. C. Time and Method of Payment. Payment for work performed shall be based upon satisfactory acceptance of each deliverable, payable upon receipt of properly completed invoices, which shall be submitted to the County by Consultant not more often than monthly. The invoices shall describe and document to County's satisfaction, a description of the work performed, activities accomplished, and fees and expenses. The rates shall be in accordance with those herein agreed to. Payment shall be considered timely if made by County within thirty (30) days after receipt of properly completed invoices. Payment shall be sent to the address designated by Consultant. County may, in its sole discretion, terminate Agreement or withhold payments claimed by Consultant for service(s) rendered if Consultant fails to, satisfactorily comply with any term or condition of this Agreement. 4. COUNTY OBLIGATIONS. County agrees to cooperate with Consultant and to provide available and relevant information regarding requirements for services and work to be performed by Consultant. If County observes or otherwise becomes aware of any fault or defect in the services performed by Consultant, County shall promptly give notice thereof to Consultant and allow Consultant adequate time to respond. 5. AGREEMENT REPRESENTATIVES, a. County's project manager for this Agreement shall be Craig Cleveringa, Washington State University Grant Adams Area Extension Office and/or Andy McGuire, WSU Extension County Director for Financial Approvals and/or as designated by the Chair of the Board of County Commissioners. The project manager shall be responsible for monitoring the performance of Consultant, approval for payment of billings and expenses submitted by Contractor, and the acceptance of any reports by Consultant. b. Consultant's representative for this Agreement shall be Jody Ann Kane who will be the contact person for all communications regarding the conduct of work under this Agreement. 6. CONFLICT. a. In the event of conflict among the terms and conditions of this Agreement and federal, state or local law, the inconsistency shall be resolved by giving precedence of interpretation in the following order: Professional Services Agreement - 2 Civil 8\Deparatments\2022\HorticulturaI Pest & Disease Board\ 1 . Applicable federal case law, statutes and regulations; then 2. Applicable Washington case law, statutes and regulations; then 3. The terms and conditions of this Agreement. b. Entire Agreement. This Agreement including referenced exhibits represents all of the terms and conditions agreed upon by the parties for the Board coordination/ inspection work for County. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. C. Conformance. If any provision of this Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. d. Approval. This Agreement shall be subject to the written approval of County's duly authorized officials and shall not be binding until so approved. This Agreement may be altered, amended, or waived only by written amending by both parties. 9. NOTICES. All notices and/or written communications required or permitted to be given or served by any party hereto upon any other, shall be deemed given or served in accordance with the provisions contained herein, by delivering personally, or mailed, postage prepaid and property addressed, as follows: If to County: Board of County Commissioners PO Box 37 Ephrata, WA 98823 If to Consultant: Jody Ann Kane P 0 Box 5336 George, WA 98824 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties, and supersedes all.prior agreements, contracts and understandings, written or oral. This Agreement may be amended only in writing, signed by the parties. 1. ASSIGNABILITY. Consultant may not assign her rights and/or obligations under this Agreement to any third party without the express written consent of the County. Professional Services Agreement - 3 Civil 8\Deparatments\2022\HorticulturaI Pest & Disease Board\ 12. NO WAIVER. Failure of the parties to insist on the strictest performance of any term of this contract shall not constitute a waiver of any such term or an abandonment of this Agreement. 13. SEVERABILITY. If any term, provision, covenant or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement shall be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. To this end, the provisions of this Agreement are declared to be severable. 14. HEADINGS NOT CONTROLLING. Headings in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. 15. JURISDICTION. This Agreement has been and shall be construed as having been made by both parties and delivered within the State of Washington and it is agreed by the parties hereto that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. 16. DISPUTES. The parties mutually agree to resolve any disputes regarding interpretation or enforcement of the terms and conditions of this Agreement by good faith negotiation. 17. INDEMNIFICATION. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its officer, employees and/or agents. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this Agreement. Professional Services Agreement - 4 Civil 8\Deparatments\2022\HorticulturaI Pest & Disease Board\ DATED this day of BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Danny E tone, BOCC Chair ---- 7 . ........ - ---------------- R JonjS-,.--V6-@--air 1-7 7 Cindy Cart,Member ---- --------- J a Clerk A — rba. a. Vasquez c Clerk he Board Approved as to Form: By _ Kevin McCrae Chief Civil Deputy Prosecuting Attorney Date: i � / -) y.�( GRANT COUNTY HORTICULTURAL PEST & DISEASE BOARD Craig Cleveringa, Chair CONSULTANT Jody Ann Kane Professional Services Agreement - 5 Civil 8"\Deparatinents\2O'-?2�fforticuittiraI Pest & Disease Board\ DATED this day of 2021 Gind Carte Chair y a Danny Sitone, Vice'Ch ir Rob jones,, Member Barbara j. Vasquez Clo of the Bp%rd X, J B Kevin McCrae Chief CIAI Deputy Prosecuting Attorney Date GRANT COUNTY, HORTICULTURAL PEST & DISEASE BOARID" -------- ---- - --- nga CONSULTANT Jody 'Ann Kane Professional Services Agreement - 5