HomeMy WebLinkAboutRes-2019-039BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2019 -0 _;3CJ
A Resolution to Authorize the Execution of an Amendment to an Interlocal Agreement Between
Kittitas County and Kittitas County Conservation District for Continuing Implementation of the
Voluntary Stewardship Program
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, the Washington State Legislature, through ESHB 1886, created a Voluntary
Stewardship Program ("VSP") for protection of critical areas in areas of
agricultural activities; and
WHEREAS, the Kittitas County Board of County Commissioners approved Ordinance No.
2011-012, An Ordinance Electing to Participate in the Voluntary Stewardship
Program (RCW 36. 70A. 705), identifying and nominating the Upper Yakima
watershed and the Alkali-Squilchuck watershed as state priority watersheds, and
electing to have Kittitas County proceed with implementation of the requirements
of the Voluntary Stewardship Program once the Washington State Legislature
provides adequate funding for such activity; and
WHEREAS, Kittitas County and the Kittitas County Conservation District previously executed
an Interlocal Agreement for the purpose of developing a Voluntary Stewardship
Program for Kittitas County through Resolution No. 2015-139; and
WHEREAS, the terms and conditions of said Interlocal Agreement provided that the parties
may mutually amend the agreement in writing; and
WHEREAS, Kittitas County and the Kittitas County Conservation District previously amended
an Interlocal Agreement for the purpose of developing a Voluntary Stewardship
Program for Kittitas County through Resolution No. 2016-019; and
WHEREAS, Kittitas County and the Kittitas County Conservation District previously amended
an Interlocal Agreement for continuing implementation of the Voluntary
Stewardship Program for Kittitas County on August 21, 2017; and
WHEREAS, Kittitas County and the Kittitas County Conservation District are agreeable to
such amendment under the terms and conditions of the amended Interlocal
Agreement attached hereto, which shall replace the previously amended Interlocal
Agreement approved on August 21, 2017 in its entirety; and
WHEREAS, the Board of County Commissioners of Kittitas County authorized the execution
of this amended Interlocal Agreement by action taken at a regular meeting; and
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, that
the Board of County Commissioners of Kittitas County, Washington authorizes the execution of
the amended Interlocal Agreement with the Kittitas County Conservation District that is attached
hereto and incorporated by this reference.
ADOPTED this 5th day of ___ M=a=rc=h ______ ___;, 2019
~lerk of the Board-Julie Kjorsvik
BOARD OF COUNTY COMMISSIONERS
KITTITA S ~"'-'-'"TY, WASHINGTON
ABSENT
Laura Osiadacz, Commissioner
APPROVED AS TO FORM:
• Deputy Clerk of the Board-Mandy Buchholz
Neil Caulkins, Deputy Prosecuting Attorney
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEENKITTITASCOUNTY AND
KITTITAS COUNTY CONSERVATION DISTRICT
FOR CONTINUING IMPLEMENTATION OF VOLUNTARY S TEWARDSHIP
PROGRAM
THIS AGREEMENT is made and entered into this 5th day of
March , 2019, 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 lnterlocal 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 Washington State Legislature, through ESHB 1886, created a Voluntary
Stewardship Program ("VSP") for protection of critical areas in areas of agricultural activities;
WHEREAS, the Kittitas County Board of County Commissioners approved Ordinance
No. 2011-012, An Ordinance Electing to Participate in the Voluntary Stewardship Program
(RCW 36.70A.705);
WHEREAS, on November 17, 2015, the Kittitas County Board of County
Commissioners acknowledged the receipt of funds through approval of a contract with the
Washington State Conservation Commission for VSP Workplan Development.
WHEREAS, the Kittitas County Board of County Commissioners approved Resolution
No. 2016-001, A Resolution formally designating the Kittitas County Conservation District as
the lead entity of the VSP Watershed Group;
WHEREAS, the Kittitas County Board of County Commissioners approved Resolution
No. 20 J 6-019, A Resolution to Authorize the Execution of an Amendment to an Interlocal
Agreement Between Kittitas County and Kittitas County Conservation District for the
development of a Voluntary Stewardship Program
WHEREAS, the Kittitas County Board of County Commissioners signed an Amendment
to an Interlocal Agreement Between Kittitas County and Kittitas County Conservation District
for continuing implementation of the Voluntary Stewardship on August 21, 2017.
WHEREAS, the District has facilitated the Watershed Group and initiated the process of
developing and writing of the Work Plan per RCW 36.70A.720;
WHEREAS, the Washington State Legislature appropriated $7.6 million in the
Washington State Conservation Commission's 2018-2019 budget for continuing implementation
of the Voluntary Stewardship Program;
WHEREAS, the County and the District desire to continue the work of the Watershed
Group in order to complete the Work Plan and begin implementation of the Work Plan;
NOW, THEREFORE, the parties agree as follows:
1. PlJRPOSR The purpose of this Agreement is to acknowledge and facilitate the
parties' mutual interest in continuing to implement the Voluntary Stewardship
Program.
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:
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page 2 of8
Lindsey Ozbolt, Planning Official
Kittitas County Community Development Services
411 N Ruby Ste 2
Ellensburg WA 98926
Phone: (509) 962-7506
Fax: (509) 962-7682
3 . SCOPE. This agreement contemplates that the District will:
a. Contract with Kittitas County for Washington State Conservation Commission
funding in an amount not to exceed $218,000 in the 2018-2019 biennium
(Attachment A);
i. Submit monthly reimbursement request to Kittitas County before the
10th day of the month
11. Submit quarterly progress reports to the Washington State
Conservation Commission and the County;
m. Provide to the County, by February 25, 2019, so the County can report
to the Commission's VSP Contract Manager, no later than March 1,
2019, an estimate of the final anticipated costs associated with the
completion of this agreement through June 30, 2019.
b. Lead and facilitate the Watershed Group for the Upper Yakima watershed and
the Alkali-Squilchuck watershed;
1. Develop Work Plan and watershed group duties consistent with RCW
36.70A.720.
ii. Submit the Work Plan for the Upper Yakima watershed and the
Alkali-Squilchuck watershed for technical review and approval per
RCW 36.70A.725 before August 2018.
c. After approval of the Work Plan by the Washington State Conservation
Commission, continue to facilitate the Watershed Group and provide technical
assistance as needed to begin implementation of the Work Plan.
4. COMPENSATION BY THE COUNTY TO THE DISTRICT
a. The County will reimburse the District for costs associated with implementing
the Voluntary Stewardship Program not to exceed the state funding.
b. Allowable costs are detailed in Attachment A, including the actual costs for
fiscal year 2018 and the budget for fiscal year 2019.
c. Payment by the County to the District shall be made within thirty (30) days
after billing by the District.
d. The District will not commence work until the County has received
authorization to incur costs from the Commission.
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page 3 of8
5. DURATION OF AGREEMENT -TERMINATION. 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 of the other party.
8. COMPLiANCE WITH LEGAL REQUIREMENTS. 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. HOLD HARMLESS . 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 asswnes 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. INDE1v1NIFICATION. The County and the District shall defend, indemnify and
hold each other harmless from and against any and all claims, demands, losses
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 pennitted 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
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page 4 of 8
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 conditi on of this 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.
12 . INTERPRETATIO 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
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page 5 of8
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 AVAILABILITY. Kittitas 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.
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.
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page6 of8
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 of the 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 VSP Work Plan(s).
21 . ENTIRE AGREE.MBNT . 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 ofthis Agreement shall be filed as required by RCW
39.34.040 prior to this Agreement becoming effective.
Interlocal Cooperation Agreement
Voluntary Stewardship Program Page 7 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, WA 98926
By: //4~4~ Dated: "?/11-ft? --~---'----Chairmiln, Board df Supervisors
KITTITAS COUNTY BOARD OF COMMISSIONERS
205 West 5th Avenue, Room 108
Ellensburg, WA 98926
7
Vice Chair
ABSENT
Commissioner
Interlocal Cooperation Agreement
Voluntary Stewardship Program
--Dated: '-I llll ~c)L, 5 ~{) It 1
Approved as to Form:
Deputy Prosecuting Attorney
Page 8 of8
Attachment A
Actual Expenditures for Fiscal Year 2018 and Budget for Fiscal Year 2019
Kittitas County Conservation District
Com letion of Watershed Plan
Staff Wages and
Benefits
District Manager
Financial Manager
GIS Specialist
Project Manager
Conservation Planner
Resource Technician
Hrs/mo.
28.0
1.5
40.0
15.0
15.0
15.0
Composite
Rate
$52.79
$30.02
$34 .70
$39.60
$36.18
$29 .57
Total Sala and Benefits
Indirect costs
Per
month
$1,478
$45
$1,388
$594
$543
$444
12 month Contract
Estimate
$17,737
$540
$16,656
$7128
$6,512
$5 ,323
$53,897
Per 12 month Contract Monthly
Wages Rate month Estimate
$
Indirect costs 4,491 25.00% $1,123 $13,474
Total Indirect Costs $13,474
Per 12 month Contract Travel Miles Rate month Estimate
Travel (estimated
miles 20.00 $0.535 $11 $128
Total Travel
Goods & Services
Outreach Materials (Production & Printing
Costs)
Postage
Meeting Room (12 meetings)
Miscellaneous Su lies
Total Goods & Services
Professional Services
Facilitation 4.00 $100
$2 ,000
$750
$250
$128
12 month Contract
Estimate
$2,000
$750
$1,200 $1,200
$250
$4.200
12 month Contract
Estimate
$400 $4,800
Document Production
and Management
Services 62.00 $90 $5,580 $66,960
Total Professional Services
TOTAL BUDGET
Interlocal Cooperation Agreement
Voluntary Stewardship Program
$71 ,760
$143,459
Actual
Expenditures
$43 ,323
$10,831
$543
$3,995
Attachment A
Page 2 of3
Kittttas Co-unty Oonservafiqn Dist11ict
lmpleJlileata{i0tr1 of Watersijea F>lan
Sta'ff WJJestand &>mp_ostte' Per 112 ml>n Ge traot
Benefits Hit}li'H!> .. !\ale month t0tal
District Manager 23.0 $56.90 $1,309 $15,704
Financial Manager 1.0 $32.10 $32 $385
GIS Specialist 1.3 $35.93 $45 $539
Project Manager 2.0 $41.43 $83 $994
Conservation Planner 4.0 $37.74 $151 $1,812
Resource Technician 70.0 $32.55 $2,279 $27,342
District Engineer 0.0 $62.95 $0 $0
Total Salary and
Benefits $46,776
lncllrect costs Mon~~ly Per 12 rnenfh c~ l ci.
Wages Rate montfl ,total
Indirect costs $3,898 25.00% $975 $11,694
Total Indirect Costs $11,694
Travel Per 1~ mentti ~ot1tract
~lies~ Flate montlt total
Travel (estimated
$64 miles) 120.00 $0.535 $770
Total Travel $770
Goo:d~& Servrces 12 m0 ~th e~r:1tr:a:
tbtal
Meeting Rooms $435 $435
Printing and Mailing
Costs $850 $850
Website, ArcGIS On-Line Subscription,
Map & Survey Portal $16,354 $16,354
Equipment $10,000 $10,000
Miscellaneous $273 $273
Total Goods &
Services $27,912
I ~0TM.
BUDGET $87.153 ·
Total lnterlocal Agreement Budget $218,000
Interlocal Cooperation Agreement
Voluntary Stewardship Program
Attachment A
Page 3 of3