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ILA with the City of Chehalis, cost sharing in Chehalis River Basin Flood Warning System BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 20-272 RESOLUTION APPROVING AND ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF CHEHALIS FOR THE PURPOSE OF COST SHARING IN THE CHEHALIS RIVER BASIN FLOOD WARNING SYSTEM. WHEREAS, Lewis County serves as the Fiscal Agent for the Chehalis River Basin Flood Control Authority (Flood Authority); and WHEREAS, the Flood Authority has approved the Parties' agreement that the members shall bear a certain percentage of the annual cost of operating and maintaining the Chehalis River Basin Flood Warning System (Flood Warning System); and WHEREAS, the City of Chehalis, as beneficiary of the Flood Warning System, has agreed to pay a share for the annual maintenance cost assessed by Lewis County on behalf of the Flood Authority for operating and maintaining the Flood Warning System; and WHEREAS, Lewis County and the City of Chehalis wish to memorialize the terms and conditions of their cost-sharing agreement through an Inter-local Agreement pursuant to RCW Chapter 39.34; and WHEREAS, it appears to be in the best public interest to approve this agreement and authorize the Inter-local Agreement for cost sharing. NOW THEREFORE BE IT RESOLVED the Board of County Commissioner enters into an Inter-local Agreement with the City of Chehalis for the purpose of cost sharing in the Chehalis River Basin Flood Warning System. DONE IN OPEN SESSION this 10th day of August, 2020. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Eric Eisenberg Gary Stamper By: Eric Eisenberg, Gary Stamper, Chair Chief Civil Deputy Prosecuting Attorney ATTEST: as;PRDOF �Sii• Edna J . Fund ' Edna J. Fund, Vice Chair ,oi 1%45 47 :or Rieva Lester •:Si��cro4;��•• Robert C. Jackson Rieva Lester, Robert C. Jackson, Commissioner Clerk of the Lewis County Board of County Commissioners C:E0=l'AI.1 S RIVER BASIN Executive Action, 11/01/2019: FLOOD AUTHORITY 1. 2020 annual costs and reimbursement November a, 2019 rates approved by Executive Committee (Commissioners Raines, Fund and Nienser). TO: Flood Authority Executive Committee Members 2. Lewis County,as Flood Authority fiscal agent,directed to begin collecting payments. FROM: Scott Boettcher, Staff SUBJECT: 2020 Flood Warning System Budget and County Shares Purpose of this memo is to discuss and allocate 2020 Flood Warning System annual costs (www.chehalisriverflood.com). This will be done via conference call this Friday, 11/01/2019, at 2:3o. We walk through the following attachments to this memo: • Attachment A—Breakdown and Comparison of Annual 0& M Costs(2014 through 2023) • Attachment B—Staff Recommendation • Attachment C—Draft Outreach Content • Attachment D—Flood Warning System Usage Please feel free contact me with any questions(360/480-6600, scottb(a�sbgh-partners.com). 2020 Flood Warning System Costs (1) 11/01/2019 N. 1/40 t0 o o O 0 0 Q � 01,. 01 N co N. O 0 LA N 0 01 a, N 10 0 S N N n N -r N l0 t0 CO r1 "0 Y .... m o c 0 N O N w w N C 1--1 .-1 Q m v1 0 0 00 ,.0 0 ' 00 t0 rNi NO 0 d V) to 0 0 L N 0 al co N J. 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The method behind this allocation was as follows: o 5o%of the allocation was based on populations of communities prone to flooding. o 5o%was based on historic FEMA flood insurance payments. This allocation approach was unanimously supported by Flood Authority beginning in 2014(see here). II. Staff Recommendation Flood Authority agrees to use the same allocation approach as last year(see here)on the basis that relatively not a lot has changed in the Basin in terms of population shifts and/or exposure to flood risk, i.e., Lewis County still has largest population and risk exposure in the Basin. 2020 annual costs are proposed in the same manner as 2019 with Grays Harbor County paying 22%of costs, Lewis County paying 64%of costs, and Thurston County paying 14%of costs. 2020 costs are: 2019 2020 Difference (increase) Grays Harbor County (22%) $13,323.73 $15,417.72 $2,093.99 Lewis County(64%) $38,759.94 $44,851.56 $6,091.62 Thurston County(14%) $8,478.74 $9,811.28 $1,332.54 Increased costs are due to increased O&M from recent Flood Authority approved expansions to Flood Warning System (new gages, new webcams). Costs are warranted, especially given consistently increasing usage of system (discussed further in Attachments C and D). Staff and Lewis County(as fiscal agent)are directed to implement and prepare payment schedules(1St half due 3/31/2020; 2nd half due 7131/2020). Note: Lewis County, acting as fiscal agent for the Flood Authority, has historically handled billing and processing for payments associated with the Flood Warning System. It is assumed this practice will continue for 2020. It should be noted however that Lewis County's role could be modified/adjusted as further thought and consideration is put into ownership, operation and maintenance of the Flood Warning System in light of the Office of Chehalis Basin and Lewis County Flood Control Zone District assuming more prominent roles. 2020 Flood Warning System Costs (3) 11/01/2019 Attachment C Draft Outreach Content I. Flood Warning System Usage(i) Increasing annual O&M costs are warranted when Flood Warning System usage increases. One measure of usage is email gage alert sign-ups. As alert sign-ups increase, per capita costs decrease. Flood Season Gage Alert Sign-Ups Annual O&M Cost Per Sign-Up Cost 2013/14 n/a $ 53,585 2014/15 379 $ 60,485 $ 159.59 2015/16 845 $ 57,935 $ 68.56 2016/17 951 $ 57,935 $ 60.92 2017/18 984 $ 59,169 $ 60.13 2018/19 1037 $ 60,562 $ 58.4o 2019/20 1500 $ 70,081 $ 46.72 2020/21 1600 s 77,961 $ 48.73 2021/22 1700 $ 79,267 $ 46.63 2022/23 1800 $ 80,599 $ 44.78 II. Draft Outreach Content(for letter or email) To continue to increase gage alert sign-ups, as(1)an inexpensive way to keep citizens, businesses, first-responders, etc. informed of changing river conditions and (2)a way of continuing to lower per capita costs, a targeted outreach campaign for the month of November 2019 is planned. First on the order is outreach to churches and faith communities in the Basin to increase gage alert sign-ups. DRAFT email outreach content. . . Dear**name**: My name is Scott Boettcher. I am staff to the Chehalis River Basin Flood Authority. I am contacting you to raise your awareness of the Chehalis River Basin Flood Warning System (www.chehalisriverflood.com)and would like to ask that you share the attached with your congregation. The Chehalis River Basin Flood Warning System provides an email alert flood notification program. The email alert flood notification program allows individuals and organizations to sign-up to receive automatic email alerts from select river gages once those river gages reach elevated and potentially threatening flood levels. The Chehalis River Basin Flood Warning System is one way the Chehalis River Basin Flood Authority is working to ensure Basin residents are flood aware and flood prepared. Here are some additional resources: 2020 Flood Warning System Costs (4) 11/01/2019 • 2019-20 Flood Alert Sign-Up Information--> Click here. • Interactive Gage Alerts map-->Click here. • Flood Warning System icon for posting to your website-->Click here(option 1), here (option 2). Thank you for your consideration and feel free to contact me to discuss further. Scott Be Aware, Be Prepared. Scott Boettcher, Staff Chehalis River Basin Flood Authority 360/480-6600 �c��tib_ta. _uyr�-partners.con 2020 Flood Warning System Costs (5) 11/01/2019 rn r-I >. o °•- v c � "0 ra o a) a -0 .-P +� v p c v, a, `0 +a.', -a _)c L -v aJ ,-I V .+ ra a a1 o aJ ro v _ v vl rn - , a) 0_ a1 �O vi , 3 •5 � v`", v) a`1 rn rn O O ra v +.. ,1 s 4'no c w N t C I -6 ON _c C �•' > co $ _ to Cl) r� 3 Q al al O O - Q O C N a1 (0 N N p1-0 O .3 O 01 > > > T 4-, suollenJasgo aaleM gSiH }o JagwnN o O C: `, _ C C O O O J C n-3 io I L v t6 v.13 `m o� >zX� v� vmo ii D p c..- m o o w n 3 `vg a av— r.; ro d S Z c7�o -,• c v N Q v10 a rr v 1-in •� a) • - o 0 rya rm LL N � _o + 1 N .� a) �� _ E cv 0 N -. V) v `_� 1 v, 0 on� I / N • O V , �. L r0 2 N cr- Q V N • - Q I O IN LL• (1) in C71 0 r: ro U 0 E aJ a' vl vi o ,n Ii0 0 0 0 0 0 0 0 0 O O O O O O oa o 0 coo ‘.0 °a ° O ssa��d a�isgaM o v, o --J o NJ < _. _ N Lee Napier From: Caryn Foley <cfoley @ci.chehalis.wa.us> Sent: Tuesday, July 28, 2020 3:05 PM To: Lee Napier Cc: Trent Lougheed Subject: Flood Early Warning System ILA Attachments: RES14--.3.PDF; Early Warning Master ILA_Chehalis.pdf; 2020 Flood Warning System Costs 11-01-2019(1).pdf Lee: The Chehalis City Council approved the ILA for Flood Warning System Cost Sharing. I will mail two originals to you tomorrow. Once approved and signed by the county, please return one fully-executed copy to me. Thanks, Carey, Caryn Foley, City Clerk City of Chehalis 350 N. Market Blvd. Chehalis,WA 98532 360-345-1042 From: Trent Lougheed <tlougheed@ci.chehalis.wa.us> Sent: Wednesday,July 8, 2020 10:05 AM To: Caryn Foley<cfoley @ci.chehalis.wa.us> Subject: Fwd: Flood Early Warning System ILA Get Outlook for Android From: Lee Napier<Lee.NapierPlewiscountvwa.gov> Sent: Wednesday,July 1, 2020 12:22:53 PM To:Trent Lougheed <tloucLheed%ci,chehalis.wa.us> Subject: Flood Early Warning System ILA NOTICE: This message originated outside of the City network - DO NOT CLICK on links or open attachments unless you are sure the content is safe! Trent, Attached is a cost sharing ILA for the Flood Authorities Warning System. This agreement would replace the a similar ILA between the county and the city for the same project-see attached. • The difference between the two is performance period and cost. The performance period is 2020-2025. The cost increases are related to Flood Authority approved expansions to the system such as new gages and webcams. The operations is reviewed and approved by the Flood Authority. I've attached the most recent memo, additional materials are available upon request or at the EZ view site. Please review and advise when council could consider the amendment. If you have questions, please contact either Scott Boetcher or me. Thank you. Lee Lee Napier, Director Lewis County Community Development https://www.ezview.wa.gov/site/alias 1492/33948/default.aspx External Email - Remember to think before you click! This message may contain links with malware, viruses, etc. Please ensure the message is le• itimate before o•enin• it. 2 INTER-LOCAL AGREEMENT FLOOD WARNING SYSTEM COST SHARING This Inter-local Agreement(AGREEMENT), is made and entered into pursuant to R.C.W.39.34.080 and in conformance with R.C.W.43.09.210 this to day of 5.- 2020 , by and between Lewis County("County")and the City of Chehalis ("City"), both olitical subdivisions of the State of Washington and members of the Chehalis River Basin Flood Authority(collectively"Parties"). WHEREAS,the County serves as the Fiscal Agent for the Chehalis River Basin Flood Control Authority("Flood Authority");and WHEREAS,the Flood Authority has approved the Parties'agreement that the County shall bear a certain percentage of the annual cost of operating and maintaining the Chehalis River Basin Flood Warning System ("Flood Warning System"), including certain identified river/stream/precipitation gages located in Lewis County; and WHEREAS,the City,as beneficiary of the Flood Warning System, has agreed to pay the County respectively for the annual maintenance cost assessed by the County on behalf of the Flood Authority for operating and maintaining the Flood Warning System;and WHEREAS,the County and the City wish to memorialize the terms and conditions of their agreement in an inter-local agreement. NOW,THEREFORE,THE PARTIES COVENANT AND AGREE as follows: 1. CITY'S PURPOSE AND UNDERTAKING. The City agrees to pay the County annually'for operation and maintenance of the Flood Warning System. These payments are intended to defray a portion of the Flood Authority's annual assessment to Lewis County for the cost of the Flood Warning System. These costs include, but are not limited to, acquisition, installation, and maintenance of certain river and precipitation gages,operational support, parts, operation and maintenance of the flood warning website,consultant fees and other expenses directly related to the Flood Warning System,as authorized and approved by the Chehalis River Basin Flood Authority. The County will remit to the City an invoice on a biannual basis,the City agrees to reimburse the County within thirty(30) days of receiving payment request. 2. COUNTY'S UNDERTAKING. The County agrees to pay the Flood Authority's approved contractor the amount duly approved and assessed each year by the Flood Authority to the County as the County's share of the cost of the Flood Warning System. While Fiscal Agent for the Flood Authority and as duly directed by the Flood Authority,the County also will continue to collect and disburse to the appropriate contractor all contributions by other members of the Flood Authority toward the operation and maintenance cost of the Flood Warning System. 3. NO SEPARATE ENTITY.The Parties are not forming a separate entity as part of this Agreement. This Agreement shall not be deemed or construed to create a separate legal i Page entity or to create a joint venture or partnership among the Parties. Each Party represents and warrants that it has the authority to enter into this Agreement. 4. DURATION. This Agreement shall expire on December 31, 2025, unless terminated earlier pursuant to the provisions of this Agreement. Each Party may terminate its participation in this Agreement by depositing in the U. S. Mail,first class postage prepaid, or providing in person a written notice of termination addressed to the contact persons for each non- terminating Party as identified herein and at the address stated herein. The termination shall become effective thirty(30)days after it is postmarked or is hand-delivered to the non-terminating Party at the following addresses or as such addresses are amended by written Notice of Change of Address signed by the City Manager or Chair of the Board of County Commissioners, as applicable: a. Lewis County: Chair of the Lewis County Board of County Commissioners, 351 NW North Street, Chehalis,WA 98532 b. City of Chehalis: City Manager, City of Chehalis, 350 N. Market Blvd,. Room 101, Chehalis,WA 98532 6. AMENDMENT. With the exception of a change in notification address,this Agreement may be amended, altered or changed only by a written memorandum of agreement approved by the governing bodies of the parties and signed by the respective city managers and commissioners. 7. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington,and venue for any dispute arising hereunder shall be in the Superior Court for the State of Washington in Lewis County. EXECUTED IN DUPLICATE and effective as of the date and year first above written. APPROVED AS TO FORM: City of Chehalis i By: rin Hillier,Cit Attorney Ji Anders.n, City Manager APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS � rN ,WA GTON By: De rosecuting Attorney 6a per:Cha -. ✓ir _i ii ATTEST: „„•••, Ed,: J Fund,Vice a. Rieva Lester,Clerk of the Board•, S'IN ' .b:- C.Jack on,Commissioner • • CE ' . •' 1--4 �, 18 • :•y , 4S h %2; Wage 1;1- Estimated Annual Cost 2020 2021 2022 2023 2024 2025 City of Chehalis $4,933.70 $5,488.45 $5,580.40 $5,674.17 TBD TBD 31 Page BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Aug. 10, 2020 Suggested Wording for Agenda Item: Agenda Type: Deliberation Resolution approving and entering into an interlocal agreement with the City of Chehalis for the purpose of cost sharing in the Chehalis River Basin Flood Warning System. Contact: Lee Napier Phone: 360.740.2606 Department: CD - Community Development Description: Resolution approving and entering into an interlocal agreement with the City of Chehalis for the purpose of cost sharing in the Chehalis River Basin Flood Warning System Approvals: Publication Requirements: Publications: User Status n/a PA's Office Pending Additional Copies: Cover Letter To: Graham Gowing, Tina Hemphill, Becky Butler, and Suzette Smith