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Approve intergovernmental cooperative agreement with United States Geological Service BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 19-334 APPROVING AN INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN LEWIS COUNTY AND THE UNITED STATES GEOLOGICAL SERVICE WHEREAS, Pursuant to Resolution 11-437, an after-the-fact Board of County Commissioners (BOCC) ratification is required for all contracts, projects, agreements, grant applications, contract amendments, and change orders involving expenditures in excess of S40,000 but less than $150,000; and WHEREAS, Chapter 39.34 RCW provides for interlocal cooperation between governmental agencies to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the United States Geological Service (USGS) has prepared a fixed-cost Joint Funding Agreement for 2020 in the amount of $67,884 for the operation and maintenance of the cooperative streamgaging program between the USGS and Lewis County Public Works. NOW THEREFORE BE IT RESOLVED that the Joint Funding Agreement described above and previously executed by Public Works is hereby ratified by the Board of County Commissioners. DONE IN OPEN SESSION this 18th day of November, 2019. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Kevin McDowell Robert C . Jackson By: Kevin McDowell, Robert C. Jackson, Chair Deputy Prosecuting Attorney • pVftTY�•,q• ATTEST: ; OF sf%•, Gary Stamper 0°r '.•Lary Stamper, Vice Chair • S\r,C� : Rieva Lester • Absent Rieva Lester, Edna J. Fund, Commissioner Clerk of the Lewis County Board of County Commissioners S µTo/-f4.�y 6000000 71 4/20YGJ FA049001FY20 •. y United States Department of the Interior O:4.) I' ; U.S.GEOLOGICAL SURVEY Washington Water Science Center IARCH 9 A$ 934 Broadway,Suite 300 Tacoma,Washington 98402 October 11, 2019 Ms. Betsy Dillin, Senior Engineer Lewis County Public Works Department 2025 Northeast Kresky Avenue Chehalis,Washington 98532-2626 Dear Ms. Dillin: Enclosed for your review and signature is a fixed-cost Joint Funding Agreement (JFA) for the operation and maintenance of the cooperative streamgaging program between the USGS and the Lewis County Public Works Department(County)for federal fiscal year 2020 (October 1, 2019— September 30, 2020). A detailed description of the program is provided in the enclosed table. The total fixed cost of this program is$85,964, of which the County's share is S67,884. If this agreement is acceptable to the County, please sign both copies of the enclosed JFA and return one copy to the address above.Also, please complete the customer contact information on page two of the JFA. PLEASE NOTE: In order to continue operation of these gages, the USGS will need a signed agreement no later than October 20, 2019. The USGS will bill you on a quarterly basis. For billing purposes, the USGS uses Department of the Interior, Down Payment(Bill) Request,form number DI-1040. If you have questions regarding billing, please contact Sharbra Gordon-Scott, Budget Analyst, at (253) 552-1698 or sgordon- scott@usgs.gov.The USGS has TIN number 916001351 on file for Lewis County. If this number is incorrect. please contact Sharbra with the correct number. For your information, the USGS DUNS number is 0926038100. It is understood that the results of this work will be available to the USGS for publication and use in connection with related work. In addition, the USGS may provide unpublished USGS data or information to your office for scientific peer and (or)courtesy review during the course of this jointly planned activity and partnership. Guidance concerning USGS's non-disclosure policy will be provided with any review material and is further explained in USGS Circular 1367, Fundamental Science Practices, available at http://pubs.usgs.govlcirc/1367/pdf/C1367.pdf. 6000000714/20YGJ FA04900/FY20 If you have any questions, please contact Cameron Marshall, Acting Western Washington Field Office Chief, at (253) 552-1618 or marshall@usgs.gov; or Mark Mastin; Assistant Center Director, at(253) 552-1609 or mcmastin@usgs.gov. Sincerely, 611,7171474-1 Cynthia Barton, Ph.D., L.G., L.H.G. Center Director Enclosures cc: Cameron Marshall, Acting Western Washington Field Office Chief, USGS WAWSC, Tacoma, WA Mark Mastin, Assistant Director, USGS WAWSC, Tacoma, WA Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: 6000000714 (May 2018) GEOLOGICAL SURVEY Agreement#: 20YGJFA04900 Project#: YGOOH 1 U JOINT FUNDING AGREEMENT TIN#: 91-6001351 Fixed Cost Yes Agreement FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the, 1 day of October,2019 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR; party of the first part, and the County of Lewis, party of the second part. 1. The parties hereto agree that subject to availability cf appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of streamgaging stations in the Chehalis and Cowlitz River Basins,Washington, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ (a) by the party of the first part during the period Amount Date to Date $18,080 October 1, 2019 September 30, 2020 (b) by the party of the second part during the period Amount Date to Date S67,884 October 1, 2019 September 30, 2020 (c) Contributions are provided by the party of the first part through other USGS regional or rational programs, in the amount of: $N/A Description of the USGS regona'lnations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party dur'ng the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange cf letters between the part es (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The ccsts of this program may be paid by either party in conformity with the ''aws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 6. The areas to be ir.c',uded in.the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the recuired standards cf accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytica work of either party pertaining to this program shall be open to the irspect on of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 9-1366 (Continuation) Customer#: 6000000714 Agreement#: 20YGJFA04900 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request. be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps. records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www2.usgs.gov/fsp/). 9 Billing for this agreement will be rendered: QUARTERLY. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S C. § 3717) established by the U.S. Treasury. U.S. Geological Survey Name of Customer United States County of Lewis Department of the Interior USGS Point of Contact Customer Point of Contact Name: Mark Mastin Name: Betsy Dillin Address: 934 Broadway. Suite 300 Address: 2025 NE Kresky Ave Tacoma, WA 98402 Chehalis, WA 98532 Telephone: 253-552-1609 Telephone: 360-740-1138 Email. mcmastin@usgs.gov Email: betsy.dillin@lewiscountywa.gov Org Code GGWNYG0000 Signature and Date: Signature and Date: Signature: Signature: J t, Date: /2) -- //—I y Date. / l9 Name: Cynthia Barton, PhD, LHG, LG Name: josh Title: Center Director Title: �c�13c t,0oers czo,e, Signature: Date: Name: Title: • Form 9-1366 U.S. DEPARTMENT OF THE INTERIOR Customer#: 6000000714 (May 2018) GEOLOGICAL SURVEY Agreement#: 20YGJFA04900 Project#: Y000H 1 U JOINT FUNDING AGREEMENT TIN#: 91-6001351 Fixed Cost Yes Agreement FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the, 1 day of October, 2019 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the County of Lewis, party cf the second part. 1. The parties hereto agree that subject to availability of appropriators and in accordance with their respective authorities there shall be maintained in cooperation a fixed-price agreement for the operation and maintenance of streamgaging stations in the Chehalis and Cowlitz River Basins, Washington, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services in the amount of$ (a) by the party of the first part during the period Amount Date to Date $18,080 October 1, 2019 September 30, 2020 (b) by the party of the second part during the period Amount Date to Date $67,884 October 1, 2019 September 30, 2020 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $N/A Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the d rect'cn of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determired by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the fie'd and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and ana yt'cal work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 9-1366 (Continuation) Customer#: 6000000714 Agreement#: 20YGJFA04900 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs; impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https.//www2.usgs.gov/fsp/). 9. Billing for this agreement will be rendered: QUARTERLY. Invoices not paid within 60 days from the billing date will bear Interest, Penalties and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982. (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. U.S. Geological Survey Name of Customer United States County of Lewis Department of the Interior USGS Point of Contact Customer Point of Contact Name: Mark Mastin Name: Betsy Dillin Address: 934 Broadway, Suite 300 Address: 2025 NE Kresky Ave Tacoma, WA 98402 Chehalis, WA 98532 Telephone: 253-552-1609 Telephone: 360-740-1138 Email: mcmastin@usgs.gov Email. betsy.dillin@lewiscountywa.gov Org Code: GGWNYG0000 Signature and Date: Signature and Date: Signature: t�� Signature: Date: It —i,_- Date: /O/2 0q Name: Cynthia Barton, PhD, LHG, LG Name: JQS /4E cA -F Title: Center Director Title: }�cigu c, D42 -73 Signature: Date. Name: Title: USGS-Lewis County.Public Works Dept Cooperative Streamgaging Program,October 1,2019-September 30,2020 Lewis County USGS Station Public Works USGS Cooperative No. Station Name Dept. Matching Funds Total Remarks WESTERN WASHINGTON FIELD OFFICE(TACOMA),253-552-1670 12020525 Elk Creek below Deer Creek near Doty Streamflow discharge(Oct.-Apr.) $7,905 $4,520 $12,425 12020800 South Fork Chehalis River near Wildwood Streamfiow discharge(Oct:Apr.) $7,905 $4,520 $12,425 Precipitation,unpublished(Oct.-Apr.) $1,572 $1,572 12021800 Chehalis River near Adna Streamflow discharge $21,300 $21,300 12024000 South Fork Newaukum River near Onalaska Streamf:ow discharge(Oct.-Apr.) $7,905 $4,520 $12,425 Precipitation,unpublished(Oct.-Apr.) $1,572 $1,572 12024400 North Fork Newaukum River above Bear Creek near Forest Streamflow discharge(Oct.-Apr.) $7,905 $4,520 $12,425 Precipitation,unpublished(Oct.-Apr.) $1,572 $1,572 12025100 Chehalis River at Treatment Plant at Chehalis Stage(Oct.-Apr.)with real-time $5,046 $5,046 • telemetry Precipitation.,unpub Ished(Oct.-Apr.) $1,572 $1,572 14226500 Cowlitz River at Packwood Real-time data transmission via $750 $750 Streamfiow discharge with priority real- telephone time data transmission Is funded by Lewis County PUD,Tacoma Public Utilities,and the USGS. 14231000 Cowlitz River at Randle Real-time data transmission via $750 $750 Streamflow discharge with priority real- telephone time data transmission is funded by Lewis County PUO. 14238800 Cowlitz River at Toledo • Stage-discharge rating $2,130 $2,130 TOTAL $67,884 $18,080 $85,964 I I I BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: aggivEp NOV n? ?ON Suggested Wording for Agenda Item: Agenda Type: Deliberatio Approving an Intergovernmental Cooperative Agreement between Lewigt9HRWItteLthe United States Geological Service Contact: Betsy Dillin Phone: 360-740-1138 Department: PW - Public Works Description: Pursuant to Resolution 11-437, Directors of each of the County departments, under authority of the Board of County Commissioners (BOCC), possess authority to execute and bind Lewis County to consulting services, contracts, projects, agreements, grant applications, contract amendments, and change orders involving the actual expenditure or receipt less than $150,000 per year provided that, by resolution, acceptance of such funding has been authorized and approved by the BOCC. Further, the BOCC will ratify by resolution, after-the-fact, such contracts, projects, agreements, grant applications, contract amendments, and change orders in excess of $40,000 but less than S150,000. The Public Works Director executed a Joint funding Agreement in excess of $40,000 with USGS for operation and maintenance of the cooperative streamgaging program for 2020. Therefore, post contract ratification is requested for the contract with USGS for a maximum amount payable of $67,884. Approvals: Publication Requirements: Publications: User Status PA's Office Approved Additional Copies Betsy Dillin, PW Kim Amrine, PW Tina Hemphill, PW Robin Saline, PW Rose Williams, PW