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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, by and through the
Grant County Horticultural Pest and Disease Board ("Board"), and Jody Ann Kane
(Consultant), a sole proprietor.
WHEREAS, the County desires to obtain an independent contractor to perform
the duties of Horticultural Pest and Disease Board Coordinator/Inspector for the Board;
and
WHEREAS, Consultant is qualified and desires to provide the services necessary
to perform the duties and responsibilities as the coordinator/inspector for the Board; and
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;
SCOPE OF WORK.
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 of performance under this
Agreement will be from January 1, 2021 through December 31, 2021.
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)
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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:
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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:
'r�r3I LZ � Y^
If to County: Administrative Services Coordinator
Board of County Commissioners
PO Box 37
Ephrata, WA 98823
If to Consultant: Jody Ann Kane
P O 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.
11 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.
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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.
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DATED this +'`_: day of 2020.
BOARD OF COUNTY COMMISSIONERS
GRANT COLIN WASHINGTON
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Cin
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Tom Taylor, Vice ChaTr
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Richard Stevens, Member
ATTEST:
Barbara j��bara J--,"- �is ue
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Clerk of the Board
Approved as to Form:
By
Kevin McCrae
Chief Civil Deputy Prosecuting Attorney
Date: 1i) 111I1611V
GRANT COUNTY HORTICULTURAL
PEST & DISEASE BOARD
Craig Cleveringa, Chair
CONIILTA
An n,
Jo Af Kane
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