Approve amendment to Interlocal Agreement with Lewis Conservation District BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-193
APPROVE AN AMENDMENT TO THE INTERLOCAL
AGREEMENT BETWEEN LEWIS CONSERVATION
DISTRICT AND LEWIS COUNTY
WHEREAS, Lewis County opted into the Voluntary Stewardship Program (VSP) on
October 31, 2011; and
WHEREAS, VSP provides a unique, grassroots opportunity to establish regulatory
certainty for the agricultural operators in Lewis County critical areas; and
WHEREAS, a grant contract with the Washington State Conservation Commission
for the purpose of funding the development of a work plan to implement VSP is
currently in place with an end date of June 30, 2021; and
WHEREAS, Lewis County and the Lewis Conservation District partnered in
providing assistance in developing the VSP work plan; and
WHEREAS, Lewis Conservation District requested a budget amendment in the
amount of $21,000, which would increase the total contract amount to $221,000
for the purpose of purchasing outreach materials and covering expenses of
additional staff time before the end of the biennium; and
WHEREAS, it appears to be in the best public interest to approve the Director
signing the contract.
NOW THEREFORE BE IT RESOLVED that the Board of County Commissioners
approves the amendment to the ILA with Lewis Conservation District resulting in a
budget increase for the purpose of purchasing outreach materials and covering
expenses of additional staff time related to the VSP work plan implementation.
DONE IN OPEN SESSION this 18th day of May, 2021.
Page 1 of 2 Res. 21-193
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: .•'•°""TY"•s/• Lindsey R. Pollock, DVM
tit OF• �Sk•
0 LT.dsey R. Pollock, DVM, Vice Chair
•
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L 'g45 `°je,
Rieva Lester '•:S; <.To�-•. Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-193
INTERLOCAL AGREEMENT
AMENDMENT#4
This Interlocal Agreement is made and entered into between the Lewis Conservation District
(hereinafter referred to as "LCD")and Lewis County (hereinafter referred to as "County"), both
political subdivisions of the State of Washington.This Agreement is entered into pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW. This Agreement is intended to provide joint
coordination and support services to the Voluntary Stewardship Program (VSP).
WHEREAS,the Washington State Legislature established the VSP as an alternative approach to
protecting critical areas and promoting agriculture; and
WHEREAS,the Washington State Conservation Commission (WSCC) has provided grant funding
to the County to assist an independent local work group in developing a VSP work plan that
contains goals and benchmarks for the protection and enhancement of critical areas that it will
submit to the WSCC, as well as the Departments of Fish and Wildlife, Ecology,and Agriculture for
approval; and
WHEREAS,the County and LCCD will partner in providing assistance to the local work group in
implementing the VSP work plan; and
WHEREAS, it is appropriate that in order to implement such an arrangement an Interlocal
Agreement(Agreement) be executed between the parties setting forth the conditions and terms
of that arrangement.
NOW THEREFORE, in consideration of the terms and conditions contained herein, LCD and the
County agree as follows:
1. Purpose.This Agreement is intended to establish responsibilities of the County and LCD
in providing guidance and assistance to the local VSP work group.
2. Means of Joint Undertaking. No separate legal entity shall be created to implement the
terms of this Agreement.The Director of Community Development for the County and the
District Manager for LCD shall provide joint oversight to administer this Agreement.
3. Term. The term of this Agreement and the performance thereof shall commence on July
1, 2019 and expire June 30, 2021.This Agreement may be extended or renegotiated
upon mutual agreement between the parties hereto and pursuant to the terms and
conditions of this Agreement.
1i
4. Services and Responsibilities of LCD.The scope of services provided by LCD to the VSP
work group shall be as specified below:
a. Work in partnership with the County to provide guidance and technical assistance
to the VSP work group in implementing the VSP work plan.
b. Assist the County and the core work group in identifying potential replacement
participants for VSP work group as warranted.
c. Lend assistance to the VSP work group in providing outreach and communication
efforts to the agricultural community and other interested parties.
d. Attend and participate in VSP work group meetings as availability allows.
e. Provide available technical information to the Voluntary Stewardship work group
on existing agricultural programs and activities.
f. Report VSP accomplishments to the Washington State Conservation Commission as
required. All reporting details will be forwarded to Lewis County and presented to
the Work Group at quarterly meetings.
5. Services and Responsibility of the County.The County agrees to meet the following
responsibilities under this Agreement:
a. Provide grant contract management and fiscal oversight of WSCC grant funds for
the VSP.
b. Work in partnership with LCD to provide guidance and technical assistance to the
VSP work group in implementing the work program.
c. Maintain an independent core work group to guide the overall VSP process.
d. Lend assistance to the VSP work group in providing outreach and communication
efforts to the broader agricultural community and other interested parties.
e. Attend and participate in VSP work group meetings as availability allows.
f. Provide available technical information to the VSP work group on county
ordinances and planning data.
g. Secure and provide oversight for professional services contracts for assisting the
VSP work group in implementing the work plan as needed.
h. Review and comment on draft documents developed by the VSP work group.
i. Provide for timely payments for the services provided for in this Agreement upon
receipt of a properly constituted and prepared billing by LCD.The estimated total
dollar amount of all work performed by LCD for the VSP under this Agreement
shall not exceed $221,000.00 without prior written approval by the County.
j. The obligation of the County to make payments is contingent on the availability
of a grant from the Washington state Conservation Commission, state and
federal funds through legislative appropriation and state allotment. The failure
of the legislature or federal agencies to appropriate or allot such funds to the
program shall be good cause to terminate this agreement.
21
6. Assignment and Subcontracting. No portion of this Agreement may be assigned or
subcontracted to any other individual,firm, entity without express and prior written
approval of the County's Community Development Director and the LCD District
Manager.
7. Modification. Either party may request changes in this Agreement.Any and all agreed
modifications shall be in writing, signed by each of the parties.
8. Termination for Public Convenience.The LCCD District Manager or the County Director of
Community Development may terminate this Agreement upon 90 days written notice
whenever either party determines, at either party's sole discretion,that such termination
is in the interest of LCD or the County.
9. Defense and Indemnity Agreement. Each party shall hold the other, its officials,
employees and agents, harmless and shall indemnify the other, its officials, employees and
agents,from any and all causes of action,judgments, claims,and damages arising out of its
sole and solitary acts of omissions. Without limiting the foregoing, County acknowledges
that LCD is solely responsible for all liability,costs, or expenses resulting from its acts or
omissions, and that LCD's responsibility hereunder is expressly limited to the provision of
the services described in Section 4 of thisAgreement.
10. Venue and Choice of Law. In the event any litigation should arise concerning the
enforcement, breach,construction or interpretation of any of the terms of this Agreement,
the venue of such action or litigation shall be in the courts of the State of Washington in
and for the County of Thurston.The law of the State of Washington shall govern this
Agreement for all purposes.
11. Notice and Deliverables. Any notices or deliverables to be given under this Agreement
shall at a minimum, bedelivered and addressed to:
• Lewis Conservation District
• Attn. District Manager
2057 SW Salsbury Ave.
Chehalis, WA 98532
• Lewis County Department of Community Development
Attn. Director
2025 NE Kresky Ave
Chehalis, WA 98532
12. Filing.This Agreement shall be executed in triplicate original counterparts. Within ten
days of its execution, the County Prosecuting Attorney shall cause one of the originals
counterparts to be recorded in the records of Lewis County Auditor's Office pursuant to
RCW 39.34.040.
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EXECUTED IN DUPLICATE and effective as of the date and year first above written.
/ / , � 44 A 5-17-2021
Dave Fenn date Lee Napier date
Chair Director of Community Development
APPROVED AS TO FORM:
Jonathan L. Meyer, Prosecuting Attorney
f -(- Z �
By: evil Deputy date
41Page
BOCC AGENDA ITEM SUMMARY
Resolution: 21-193 BOCC Meeting Date: May 18, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approve an amendment to the Interlocal Agreement between Lewis Conservation District and
Lewis County
Contact: Lee Napier Phone: 360.740.2606
Department: CD - Community Development
Description:
Approve an amendment to the Interlocal Agreement between Lewis Conservation District and
Lewis County
Approvals: Publication Requirements:
Publications:
User Status n/a
PA's Office Approved
Additional Copies: Cover Letter To:
Lee Napier, Graham Gowing n/a