HomeMy WebLinkAboutRes-2017-200 Interlocal WildfireBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2017 -(:JoO
TITLE: INTERLOCAL AGREEMENT WITH KITTITAS COUNTY CONSERVATION
DISTRICT UPDATING THE 2009 KITTITAS COUNTY WILDFIRE PROTECTION
PLAN
WHEREAS: The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for
joint or cooperative action authorized under that chapter; and
WHEREAS, Kittitas County (County) and the Kittitas County Conservation District (District)
are public agencies within the meaning of Chapter 39.34 RCW; and
WHEREAS, Chapter 89.08 RCW specifically provides for the District to enter into interlocal
agreements; and
WHEREAS: The County is updating the 2012 Hazard Mitigation Plan and desires updating the
2009 County Wildfire Protection Plan; and
WHEREAS: The District worked completing the plan for the County in 2009; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the
best interest of the public, does hereby enter into an interlocal agreement with the District
updating the 2009 Kittitas County Wildfire Protection Plan.
DATED this 19th day of December, 2017, at Ellensburg, Washington.
Attest
,6 lerk ofthe Board-Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTIT AS COUNTY, WASHINGTON
D Depu.ty Clerk of the Board-Mandy Buchholz
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INTERGOVERNMENT AL COOPERATION AGREEMENT
BETWEEN KITTITAS COUNTY AND
KITTITAS COUNTY CONSERVATION DISTRICT
PROTECTION PLAN UPDATE
GREEMENT is made and entered into this jq 'fh day of
_'""'""'-''''"'''"-''''''''--'-'-.......... o....>«.-'-V __ -----' 2017, between KITTITAS COUNTY, a political subdivision of
the State of Washington, and the KITTITAS COUNTY CONSERVATION DISTRICT ("the
District"), a political subdivision of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34
of the Revised Code of Washington ("RCW"), provides for public agencies to enter into
agreements for joint or cooperative action authorized under that chapter;
WHEREAS, the County and the District are public agencies within the meaning of
chapter 39.34 RCW;
WHEREAS, chapter 89.08 RCW specifically provides for the District to enter into
interlocal agreements;
WHEREAS, the District's mission is to provide leadership, technical, educational and
financial assistance to landowners and land users in their utilization and management of natural
resources;
WHEREAS, the District serves the citizens of the community (county, state, country) to
ensure the long-term use of natural resources in an economically, socially and environmentally
sustainable manner using non-regulatory, voluntary approaches;
WHEREAS, the District, at the request of the Board of County Commissioners, assisted
with completion of the Kittitas County Wildfire Protection Plan in 2009;
WHEREAS, Kittitas County is completing an update of the Multi-Jurisdictional Hazard
Mitigation Plan approved in 2012;
WHEREAS, the County Wildfire Protection Plan is a component of the Multi-
Jurisdictional Hazard Mitigation Plan;
WHEREAS, the County and the District desire to update the County Wildfire Protection
Plan;
NOW, THEREFORE, the parties agree as follows :
1. PURPOSE. The purpose of this Agreement is to acknowledge and facilitate the
parties' mutual interest in updating the Kittitas County Wildfire Protection Plan
(CWPP).
2. ADMINISTRATION. No new separate legal or administrative entity is created to
administer the provisions of this Agreement.
a. The District's point or contact for purposes of this Agreement shall be as
follows:
Anna Lael, District Manager
Kittitas County Conservation District
2211 W Dolarway Road, Ste 4
Ellensburg, WA 98926
Phone: (509) 925-3352 ext. 207
Fax: (888) 546-0825
b. The point of contact for the Kittitas County shall be as follows:
Mark Cook, Director
Kittitas County Public Works
411 N Ruby Ste 1
Ellensburg W A 98926
Phone: (509) 962-7523
Fax: (509) 962-7663
3 . SCOPE. This agreement contemplates that the District will:
a. Lead and facilitate the Kittitas County CWPP Update Steering Committee
convened for the purpose of updating the 2009 CWPP document
b. Update the County Wildfire Protection Plan;
1. Update will be compatible with FEMA requirements for Hazard
Mitigation Plans, and adhere to the guidelines of the National Fire
Plan, the Healthy Forests Restoration Act (2003) and the National
Cohesive Wildland Fire Management Strategy.
11. Update will assess wildfire risks, collect data for those risks, and
analyze the data with the expressed intent to reduce the potential for
wildfires that are a threat to people, structures, and infrastructure.
111. Identify prioritized areas for hazardous fuel reduction treatments and
build on existing efforts to restore healthy forest conditions.
c. Present a final version to the Kittitas Board of County Commissioners with a
recommendation from the Steering Committee to adopt the Kittitas County
CWPP Update.
Interlocal Cooperation Agreement
County Wildfire Protection Plan Page 2 of8
4. COMPENSATION BY THE COUNTY TO THE DISTRICT
a. The County will reimburse the District for costs associated with updating the
County Wildfire Protection Plan.
b. Allowable costs are detailed in the estimated budgets (Attachment A).
c. Payment by the County to the District shall be made within thirty (30) days
after billing by the District.
5 . DURATION OF AGREEMENT -TERMI NATIO . This Agreement shall
remain in force until cancelled by either party in writing. The District reserves
the right to cancel this Agreement in the event of the County's nonpayment of
reimbursable costs billed by the District to the County, upon thirty (30) days
written notice by the District to the County, sent certified mail, return receipt
requested.
6. RELATIONSHIP OF THE PARTIES. No agent, employee or representative of
the County shall be deemed to be an agent, employee or representative of the
District for any purpose, and the employees of the County are not entitled to any
of the benefits the District provides to District employees. No agent, employee or
representative of the District shall be deemed to be an agent, employee or
representative of the County for any purpose, and the employees of the District
are not entitled to any of the benefits the County provides to County employees.
7. NON-DELEGATION I NON-ASSIGNMENT. Neither party may delegate the
performance of its contractual obligation hereunder to a third party, unless
mutually agreed in writing. Neither party may assign this Agreement without the
written consent ofthe other party.
8 , COMPUA CE WITH LE GAL RE QUIREMENTS. Each party shall comply
with all federal, state and local laws, rules, regulations and ordinances applicable
to the performance of this Agreement, including without limitation, all those
pertaining to wages and hours, confidentiality, disabilities, and discrimination.
9. HO LD I-IA RMLE S . 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 employees. Neither party assumes responsibility to the other party for the
consequences of any act or admission of any person, firm or corporation not a
party to this agreement.
10 . INDEMNIFICATION. The County and the District shall defend, indemnify and
hold each other harmless from and against any and all claims, demands, losses
Interlocal Cooperation Agreement
County Wildfire Protection Plan Page 3 of 8
and liabilities to or by third parties arising from, resulting from, or connected
with, services performed or to be performed under this contract to the fullest
extent permitted by law whether arising from contract liability(ies) or otherwise .
This mutual duty to indemnify shall not apply to liability from damages arising
out of bodily injury to persons or damages to the property caused by, or resulting
from, the sole negligence of the either the County or the District, or their
respective officers, agents, and employees.
This mutual duty to indemnify for liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the
concurrent negligence of either the County's or the District's agents or
employees, subcontractors and suppliers, shall apply only to the extent of
negligence of the damages caused by or resulting from the concurrent negligence
of the County's or the District's agents, employees, subcontractors and suppliers.
The County and the District specifically and expressly waive any immunity that
may be granted under the Washington State Industrial Act, Title 51, RCW.
Further, the indemnification obligation under this Contract shall not be limited in
any way by any limitation on the amount of type of damages, compensation,
benefits payable to or by any third party under Worker's Compensation Acts,
Disability Benefits Acts, or other employee benefit acts.
This mutual duty to defend, indemnify, and hold harmless shall include all related
costs, reasonable attorney fees, court costs and related expenses asserted against
or incurred by either party, or their officers, agents and employees.
The parties hereby certify that these indemnification provisions were mutually
negotiated and agreed to by the parties.
11. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS .
a. This Agreement may be changed, modified, amended or waived only by
written agreement signed by the parties and adopted by the Kittitas County
Board of Commissioners and the District.
b. Any waiver of a term or condition ofthis Agreement shall apply only to the
specific act, occurrence or omission and shall not constitute a waiver as to any
other term or condition or future act, occurrence or omission.
c. Waiver or breach of any term or condition of this Agreement shall not be
considered a waiver of any prior or subsequent breach.
Interlocal Cooperation Agreement
County Wildfire Protection Plan Page 4 of8
12 . INTERPRETAT IO N . This Agreement has been submitted to the review of all
parties and their counsel, if desired, and it shall be given a fair and reasonable
interpretation in accord with its words, without consideration or weight given to
its being drafted by any party or its counsel. All words used in the singular shall
include the plural; the present tense shall include the future tense; and the
masculine gender shall include the feminine and neuter gender.
13. GOVERNING LAW AND VENUE.
a. This Agreement shall be governed 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. The venue of any action brought
hereunder shall be in Kittitas County, Washington.
b . If any legal action or other proceeding is brought for enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepre-
sentation in connection with any of the provisions of this Agreement, each
party shall pay its own attorney fees incurred in that action or proceeding.
14. ORDER OF PRECEDENCE. 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 federal and state of Washington statutes, regulations, and rules.
b . Mutually agreed upon written amendments to this Agreement.
c. This Agreement.
d . Statement of Work and Budget.
e. Any other provisions of this Agreement, including materials incorporated by
reference.
15. FUNDING AVAILABI LITY. ittitas County's ability to make payments is
contingent on availability of funding. In the event funding from the state is
withdrawn, reduced, or limited in any way after the effective date and prior to
completion or expiration date of this agreement , Kittitas County, at its sole
discretion, may elect to terminate the Agreement, in whole or part, for
convenience or to renegotiate the agreement subject to new funding limitations
and conditions. Kittitas County may also elect to suspend performance of the
agreement until Kittitas County determines the funding insufficiency is resolved.
Kittitas County may exercise any of these options with no notification restrictions .
16. PROPERTY. Unless otherwise specifically agreed by the parties in writing, all
property, personal or real, utilized by the parties hereto in the execution of this
Agreement shall remain the property of that party initially owning it.
In te rl oc a l C oop er ation Agreem ent
Coun ty Wildfire Prote ction Plan Pag e 5 of8
17 . TERMINATION FOR CAUSE. If for any reason, either party does not fulfill in a
timely 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. If failure or
violation is not corrected, this Agreement may be terminated immediately by
written notice of the aggrieved party to the other.
18. SEVERABILITY. Any provision of this Agreement, which is prohibited or
unenforceable, shall be ineffective to the extent of such prohibition or un-
enforceability, without affecting the validity or enforcement of the remaining
proVIsIOns .
19. 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
service(s) described herein. These records shall be subject to inspection, review,
or audit by personnel of both parties, other personnel duly authorized by both
parties , the Office ofthe State Auditor, and federal officials so authorized by law.
20. OFFICIAL RECORD-KEEPING. The District will keep the official project
records and make them available to the County for record keeping associated with
the development and approval of the CWPP Work Planes).
21. ENT[R.EAG REEtv1ENT . This Agreement contains all the terms and conditions
agreed upon by the parties. No other understandings , oral or otherwise, regarding
the subject matter ofthis Agreement shall be deemed to exist or to bind any of the
parties hereto. The signatories to this Agreement represent that they have the
authority to bind their respective organizations to this Agreement.
22 . FILING. Executed copies of this Agreement shall be filed as required by RCW
39.34.040 prior to this Agreement becoming effective.
Interlocal Cooperation Agreement
County Wildfire Protection Plan Page 6 of8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written above.
KITTITAS COUNTY CONSERVATION DISTRICT
2211 W Dolarway Road , Ste 4
Ellensburg, W A 98926
Dated: I z.! If 11 7
------~~---------
KITTITAS COUNTY BOARD OF COMMISSIONERS
205 West 5th Avenue, Room 108
E lIe~s b 98926
Dated : r:u.t... I tj , U I 7
Interlocal Cooperation Agreement
County Wildfire Protection Plan
Approved as to Form:
Deputy Prosecuting Attorney
Page 70f8
Attachment A
Estimated Budget
Staff Rate Hours Salary/Wage
Rose Shriner, GIS Specialist $21.83/HR 300 hrs $6,549
Anna Lael, District Manager $33.65/HR 80 hrs $2,692
Miranda Nash, Financial Manager $18.54/HR 16 hrs $297
Subtotals $9,538
Indirect Rate 24.21% $15,285
Goods & Services (printing costs, room rentals, etc.
TOTAL
Fringe
Benefits
$3,978
$1,581
$189
$5,748
$3,701
$1,014
$20,000