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HomeMy WebLinkAboutResolution_ILA Amendment KCCDKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: November 17, 2022 ACTION REQUESTED: Request to Approve a Resolution to Authorize the Chair's Signature on a letter to amend an Interlocal Agreement between Kittitas County Flood Control Zone District and Kittitas Conservation District. BACKGROUND: The Kittitas Conservation District is finalizing designs for the Whiskey Creek Siphon Project. More work was required than expected to address concerns identified by the Washington Department of Fish and Wildlife and Ellensburg Water Company. These concerns in necessitating an increase in budget. In order to complete the work within this calendar year, we are proposing to change the scope of work to remove the geologic investigation. This work will instead occur closer to construction. With the increase in costs and the reduced scope, and additional $5,000 is required to complete the project. The proposed amendment would increase the amount payable from $82,865 to $87,865. There is sufficient funding in the Flood Control Fund to cover this costincrease. INTERACTION: Public Works; Kittitas Conservation District RECOMMENDATION: Approve the Resolution Authorizing the Chair's Signature on Letter Amending an Interlocal Agreement between the Kittitas County Flood Control Zone District and City of Ellensburg. HANDLING: Return one original to Public Works. ATTACHMENTS: Resolution; Interlocal Agreement Amendment Letter LEAD STAFF: Arden Thomas, Water Resource Program Manager. BOARD OF COUNTY COMMISSN COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2022 - AUTHORIZING THE CHAIR'S SIGNATURE ON A LETTER AMENDING AN INTERLOCAL AGREEMENT BETWEEN HITTITAS COUNTY FLOOD CONTROL ZONE DISTRICT AND THE HITTITAS COUNTY CONSERVATION DISTRICT 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 and the Kittitas County Conservation District are public agencies within the meaning of chapter 39.34 RCW, and WHEREAS: Kittitas County established a County -Wide Flood Control Zone District pursuant to Chapter 86.15 RCW for the purpose of addressing flood management needs within county, and WHEREAS: RCW 86.15.035 provides for flood control zone districts to participate in and expend revenue on cooperative watershed management arrangements and actions, and WHEREAS: The Kittitas County Flood Control Zone District and the Kittitas County Conservation District entered into an Interlocal Agreement for the Whiskey Creek Siphon Design on March 16, 2021; and WHEREAS: Term 14 of the Interlocal Agreement allows the provisions of the Agreement to be modified or amended by written mutual agreement of the parties; and WHEREAS: The Kittitas County Flood Control Zone District and the Kittitas County Conservation District now wish to amend the Interlocal Agreement; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Chair's signature on a letter amending the Interlocal Agreement between Kittitas County Flood Control Zone District and the Kittitas Conservation District. DATED this 17" day of November 2022, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Cory Wright, Vice -Chairman Brett Wachsmith, Commissioner November 7, 2022 Commissioner Osiadacz Chairman, Kittitas County Board of Commissioners 205 W 5th Ave Suite #108 Ellensburg, WA 98926 Re: Modification to Interlocal Agreement Between Kittitas County Flood Control Zone District and Kittitas County Conservation District. Dear Commissioner Osiadacz, On March 16, 2021 the Kittitas County Conservation District and Kittitas County Flood Control Zone District entered into an Interlocal Agreement for the purpose of working cooperatively to design a fish passage improvement at the Whiskey Creek crossing of the Ellensburg Water Company canal (Kittitas County Resolution No. 2021-043). Per Term 14 of this agreement, "the provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of these parties." The parties previously agreed in writing to extend Interlocal Agreement term to December 31, 2022. May it be known that the undersigned parties, for good consideration, do hereby agree to the following changes to the agreement terms: Payment. Payment for satisfactory performance is increased from $82,865 to $87,865. Scope of Work (Exhibit A). The following activities identified for Task 2 — Survey and Data Collection are removed from the scope of work: AP will prepare a Geotechnical Report for the site using backhoe test pits excavated to approximately 20 feet or refusal. Test pit logs will be developed for each test pit, including depths to groundwater, soil type, and characteristics and included in the Geotechnical Report. The parties reaffirm no other terms or conditions of the above-mentioned contract shall be negated or changed as a result of this modification. Signatures: Mark Moore, Board of Supervisors Kittitas County Conservation District Date Laura Osiadacz, Chairman Kittitas County Date