Inter-local agreement for support services with the city of Centralia BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
A RESOLUTION APPROVING AND ) RESOLUTION NO. 15- OS-\
ENTERING INTO AN INTER-LOCAL )
AGREEMENT FOR SUPPORT SERVICES )
WITH THE CITY OF CENTRALIA )
WHEREAS, the City of Centralia (City) and Lewis County (County) are both political
subdivisions of the State of Washington, and desire to enter into an Inter-local Agreement pursuant
to the Inter-local Cooperation Act, RCW Chapter 39.34, to update the Multi jurisdictional Hazard
Mitigation Plan; and
WHEREAS, the Inter-local Agreement enables the parties to implement such an
arrangement and the Inter-local Agreement sets forth the conditions and terms; and
WHEREAS,the Board of County Commissioners reviewed the Inter-local Agreement;
and
WHEREAS,the County and the City wish to memorialize the terms and conditions 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 Resolution,
authorize the Inter-local Agreement, and retain the services of the City to update the Multi-
jurisdictional Hazard Mitigation Plan.
NOW THEREFORE,BE IT RESOLVED the Board of County Commissioner hereby
approved of the terms of the attached Inter-local Agreement between the County and the City for
the purpose of updating the Multi jurisdictional Hazard Mitigation Plan.
PASSED IN REGULAR SESSION THIS 9 DAY OF February, 2015.
APPROVED A 0 F 4 RM: BOARD OF COUNTY COMMISSIONERS
Jonathay - -r, Pr. ecuting Attorney LEWIS COUNTY, WASHINGTON
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By: Glenn APIeputy Prosecuting Edna J. F�•sa, Cif'f I" Ar
Attorney / F p
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ATTEST: P. . S ulte, Vic Chair
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INTER-LOCAL AGREEMENT FOR SUPPORT SERVICES
BETWEEN THE CITY OF CENTRALIA
AND LEWIS COUNTY
THIS INTER-LOCAL AGREEMENT is made by and entered into between the City of
Centralia (hereinafter referred to as "City") and Lewis County(hereinafter referred to as
"County"), both political subdivisions of the State of Washington. This Inter-local
Agreement(hereinafter referred to as "Agreement") is entered into pursuant to the Inter-
local Cooperation Act, RCW chapter 39.34. This Agreement is intended to provide
assistance in the update the Multi-Jurisdictional Hazard Mitigation Plan (Hazard Plan).
WHEREAS, it is appropriate that, in order to implement such an arrangement, an inter-
local agreement be executed between the parties setting forth the conditions and terms of
that arrangement.
NOW,THEREFORE, in consideration of the terms and conditions herein, the City and
the County agree as follows:
1. Purpose. This Agreement is intended to provide a timely and economical
mechanism for the update and rewrite of the Hazard Plan to comply with the
requirements of FEMA and to preserve the eligibility of the County (and all other
governmental, non-profit and other entities that have collectively and individually
participated in preparation thereof) for federal funding.
2. Means of Joint Undertaking. No separate legal entity shall be created to
implement the terms of this Agreement. The City Manager and the County
Director of Community Development shall provide joint oversight to administer
this Agreement.
3. Term of the Agreement. The term of this Agreement and the performance
thereof shall commence upon signing by both parties and shall terminate on
December 31, 2015. This Agreement may be extended, terminated or
renegotiated upon mutual agreement between the parties hereto and pursuant to
the terms and conditions of this Agreement.
4. Description of Services. The scope of services work is divided into two sections,
the City of Centralia's responsibilities and Lewis County's.
i) The City agrees to provide the following support services to the County in the
preparation of the Hazard Plan:
(1) Office Location.' The City will provide office space, computers, printers,
copy machine, lap top, and other equipment needed for the development
of the Hazard Plan.
Inter-local Agreement
2015 Hazard Management Plan Update Page 1 of 6
(2) Support Staff The City will provide additional support staff to assist in
the development of the Hazard Plan, including administrative staff and
other professional staff. The City will take minutes, track attendance, and
provide other necessary clerical support, including but not limited to
transferring data, graphic design, and fielding questions.
(3) Collection of Available Data. The City will collect and analyze data and
integrate it into the Hazard Plan as the basis for the formulation of the
recommendations. The City will also identify gaps in existing data and
include recommendations to address those deficiencies.
(4) Insurance and Benefits. The City will provide salaries, benefits and
insurance to the support staff that assist in the development of the Hazard
Plan.
(5) Vehicle and Transportation. The City will provide transportation
(including insurance) for support staff to and from public meetings and
workshops.
(6)Distribution of Information and Media Coordination. The City will
distribute news releases, public hearing notices, and coordinate with the
media to generate feature articles.
(7)Printing and Distribution of Handouts. The City will print and distribute
handouts.
ii) The County agrees to provide the following support services to the City in the
preparation of the Hazard Plan:
(1) Data Collection. Support the Hazard Mitigation Planner with the
collection of data for the development of the Hazard Plan.
(2) GIS Data. Provide any currently available Geographic Information
Systems (GIS) data. The County and the City will perform all GIS
analyses necessary for completion of the Hazard Plan.
(3) Copies. Supply paper and digital copies of all GIS data and information
generated in association with this project at no cost.
(4) Meeting Space. The County will identify and reserve appropriate meeting
rooms for all meetings and public workshops
(5) Payment for Releases and Public Hearing Notices. The County will pay
for any news releases and public hearing notices.
(6) County Website. The County will identify opportunities to present the
draft Hazard Plan to groups and publish the plan on its website
(7) County Staff. County staff will be present at all public outreach meetings
(8) Printing and Mailing Costs. The County will assist in the planning and
presentation of all public outreach meetings (printing of any handouts,
maps, and boards)
(9) The County will pay for all printing costs and mailing costs on large
County-wide mailings if requested and approved by the Community
Development Director in advance
Inter-local Agreement
2015 Hazard Management Plan Update Page 2 of 6
Definitions. As used in this agreement,the following definitions will apply:
A. "Hazard Plan" shall mean the Lewis County Multi-Jurisdictional Hazard
Mitigation Plan, a policy document adopted under the federal Disaster
Mitigation Act that includes proactive hazard mitigation strategies
consistent with the requirements of the Federal Emergency Management
Agency (FEMA) and the Code of Federal Regulations(CFR) , 44 CFR
Part 201.6 .
B. "Participation" of agencies shall mean active involvement of a
governmental, non-profit or other agency in the preparation, public
involvement, review and final adoption of the Hazard Plan consistent
with the requirements of FEMA.
5. Confidentiality. The City and its employees shall maintain the confidentiality of
all of the information provided by the County or acquired by the City in the
performance of this Agreement.
6. Availability. The City shall maintain reasonable availability of designated staff
to perform services for the County in order to advance progress and avoid
unnecessary delays.
7. Compensation. The County agrees to reimburse the City for salary and benefits
paid by the City to its support staff for actual time spent by City support staff
providing the services described in Section 4 of this Agreement and in accordance
with Attachment A-- Compensation. All time claimed for reimbursement shall be
supported by timesheets completed and signed by support staff and approved by
the City Manager.
8. Payment. The City shall submit monthly invoices to Lee Napier, Director of
Community Development for the work performed the previous month. Invoices
shall provide a detailed description of the work performed along with the date, the
amount of time and the charges including any expenses. Invoices shall be due by
the 15th of the month. Payment shall be made within 30 days of receipt of
invoice.
9. Assignment and Subcontracting. No portion of this Agreement may be
assigned or subcontracted to any other individual, firm or entity without express
and prior written approval of Lewis County's Director of Community
Development.
10. Modifications. Either party may request changes in the Agreement. Any and all
agree modification shall be in writing, signed by each of the parties.
11. Termination for Public Convenience. Either party may terminate this
Agreement in whole or part upon 30 days written notice whenever the City or the
Inter-local Agreement
2015 Hazard Management Plan Update Page 3 of 6
County determines, at either party's sole discretion that such termination is in the
interest of the City or the County.
Notices and other communications shall be transmitted in writing by U.S. Mail,
postage prepaid, addressed to the parties as follows:
If to Lewis County: Lewis County
Department of Community Development
Director
2025 NE Kresky Ave.
Chehalis, WA 98532
If to City of Centralia: City of Centralia
City Manager
PO Box 609
Centralia, WA 98531-0609
12. Defense and Indemnity Agreement. Each party agrees to indemnify, defend,
and hold the other party, including its employees, representatives and agents,
harmless from and against any and all claims, proceedings, demands, cause of
actions,costs, expenses, and losses ("Claims and Losses") arising directly from a
breach of this Agreement by such party, provided any such Claim or Loss does
not arise from the gross negligence or willful misconduct of the other party.
13. Venue and Choice of Law. In the event that any litigation should arise
concerning the construction or interpretation of any of the terms of this
Agreement, the venue of such action of litigation shall be in the courts of the State
of Washington in and for the County of Lewis. The law of the State of
Washington shall govern this Agreement.
14. Severability. If any term or condition of this Agreement or application thereof to
any person(s) or circumstances is held invalid, such invalidity shall not affect the
other terms, conditions, or applications which can be given effect without the
invalid term, condition or application. To this end, the terms and conditions of
this Agreement are declared severable.
15. Waiver. Failure by either party at any time to require performance by the other
party under this agreement or to claim a breach of any provision of this agreement
shall not be construed as affecting any subsequent breach or the right to require
performance or affect the ability to claim with respect thereto.
16. Entire Agreement. This Agreement (a) contains the entire understanding of the
parties with respect to the subject matter covered, (b) supersedes all prior and
contemporaneous understandings, and (c) may only be amended in a written
instrument signed by the parties.
Inter-local Agreement
2015 Hazard Management Plan Update Page 4 of 6
Attachment A COMPENSATION
Compensation. County shall pay City upon execution of this agreement for all services
rendered, supplies and materials, and/or any other fee(s) under the terms of this
agreement a sum not to exceed$30,000. Payment is due and payable on or before
January 10, 2016. However, City may submit invoices to County on a regular(monthly
or quarterly) basis for periodic payment for services performed during the previous time-
period, provided that the sum of the total accrued periodic payments shall not exceed
seventy-five percent(75%) of the total contract amount, with any final payment being
due once all conditions of this agreement have been fulfilled. County shall reserve the
right not to reimburse City for services or work products produced if said services or
work product do not meet FEMA or CFR requirements.
Inter-local Agreement
2015 Hazard Management Plan Update Page 6 of 6
Executive Summary
BOCC Meeting Date:
2015-02-09
Contact:
Lee Napier
Department:
Community Development
Wording
Approve an Inter-local Agreement with the City of Centralia for Support Sevices to update the Multi-
jurisdicational Hazard Mitigation Plan.
Description
Consider for approval an inter-local agreement between the City of Centralia and Lewis County to
update the Mult-jurisdictional Hazard Mitigation Plan (Hazard Plan).
The intent of the Inter-local Agreement is to provide a timely and economical
mechanism for the update and rewrite of the Hazard Plan to comply with the requirements of FEMA
and to preserve the eligibility of the County (and all other governmental, non-profit and other entities
that have collectively and individually participated in preparation thereof) for federal funding.
The County intends to collaborate with the City of Centalia to update the plan. The City will provide
equipment and additional support staff to assist in the development of the Hazard Plan, including
administrative staff and other professional staff. The City will take minutes, track attendance, and
provide other necessary clerical support, including but not limited to transferring data, graphic design,
and fielding questions.
Recommendation
Recommend approval
Other
. ,
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i BOCC AGENDA ITEM SUMMARY
1
Resolution #: I,C-- DS 1 BOCC Meeting Date: Feb 09, 2015
Suggested Wording for Agenda Item: Agenda Type: Consent
Approve an Inter-local Agreement with the City of Centralia for Support Sevices to update the Multi-
jurisdicational Hazard Mitigation Plan.
Brief Reason for BOCC Action:
Consider for approval an inter-local agreement between the City of Centralia and Lewis County to update the Mutt-
jurisdictional Hazard Mitigation Plan.
Submitted By: Napier, Lee Phone: x2606
Date Submitted: Jan 28, 2015
Contact Person Who Will Attend BOCC Meeting: Lee Napier
Action Needed: Approve Resolution
Publication Requirements:
Hearing Date:
Publications: N/A •
Publication Dates:
•
Approvals:
User Group Status
ifCarter, Glenn / .Z.,--"-Pending
Muir, Karri Pending
Napier, Lee Pending
Walton, Steve Pending
Cover Letter To
1-29-15
Additional Copies
Steve Walton
Steve Mansfield