Interlocal Agreement with Lewis Conservation District BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
APPROVE INTERLOCAL AGREEMENT ) RESOLUTION NO 19-185
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, Lewis County has the opportunity to continue a grant contract with the Washington
State Conservation Commission for the purpose of funding the development of a work plan to
implement VSP, and
WHEREAS, Lewis County and the Lewis Conservation District partnered in providing assistance in
developing the VSP work plan, 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 ILA with
Lewis Conservation District for the purpose of partnering in the development of the VSP work plan
DONE IN OPEN SESSION THIS 1st DAY OF JULY 2019
SUBSTITUTED THIS JULY 3, 2019, NUNC PRO TUNC FOR THE RESOLUTION PASSED IN OPEN SESSION
ON JULY 1, 2019, WHICH LISTED "LEWIS COUNTY CONSERVATION DISTRICT" INSTEAD OF "LEWIS
CONSERVATION DISTRICT" AS A SCRIVENER'S ERROR IN THE UNDERLINED ABOVE /
APPROVED AS TO FORM- BOA: 0 OF COUNTY COMMONERS
Jonathan Meyer, Prosecuting Attorney L IS COUN HI TON•
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By Civil eD puty Prosecuting Attorney Rocert C Jackson, Chair
ATTEST Gary Sta per, Vice hair
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Rieva Lester, Clerk of the Boa0 �� o`��
,o •�.. ° Edna J Fund, Com loner
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INTERLOCAL AGREEMENT
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 thisAgreement
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Voluntary Stewardship Program 2019
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 $200,000.00 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
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Voluntary Stewardship Program 2019
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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Voluntary Stewardship Program 2019
EXECUTED IN TRIPLICATE nd effective as of the date and year first above written
1, /6
D e Fenn date Lee Na ier date
to
Chair Director of Community Development
APPROVED AS TO FORM
Jonathan L Meyer, Prosecuting Attorney
G -Ze-77
By ivil ;eputy date
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Voluntary Stewardship Program 2019
L
BOCC AGENDA ITEM SUMMARY
Resolution BOCC Meeting Date Jul 01, 2019
Suggested Wording for Agenda Item Agenda Type Consent
Approve Interlocal Agreement between Lewis County Conservation District and Lewis County
Contact Lee Napier Phone. X2606
Department Community Development
Action Needed Approve Resolution
Description
Approve a third Interlocal Agreement(ILA) between Lewis County Conservation District and Lewis County
Through the ILA, the Lewis County Conservation District will provide technical assistance to implement the
Voluntary Stewardship Program (VSP) The County will reimburse the Lewis County Conservation District
for the technical assistance provided by their staff
The scope of the work to be performed by the County under this agreement is the following To implement the
requirements of the Voluntary Stewardship Program (VSP) and RCW 36 70A
Approvals:
User Group Status
Eisenberg, Eric Pending
Napier, Lee Pending
Lester, Rieva Pending
Additional Copies
Pat Anderson,Graham Gowing, Lee Napier,Becky Butler,and Suzette Smith