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HomeMy WebLinkAboutResolution 25-095-CC (002)GRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: DeU- DATE: � � ' <<O • ZS REQUEST SUBMITTED BY: JtwI/,�..SD'PHONE: 2 CONTACT PERSON ATTENDING ROUNDTABLE: CE-6-k- CONFIDENTIAL INFORMATION: ❑YES 4NO "Agreement /Contract El Bids / RFPs /Quotes Award ❑Computer Related ❑Facilities Related El Invoices /Purchase Orders ❑Minutes ❑Policies El Recommendation ❑Tax Levies ❑AP Vouchers ❑Bid Opening Scheduled ❑ County Code ❑ Financial ❑Grants — Fed/State/County ❑ Ordinances ❑ Proclamations ❑ Professional Serv/Consultant ❑Thank You's ❑Appointment / Reappointment ❑ARPA Related ❑ Boards / Committees ❑ Budget ❑ Emergency Purchase ❑ Employee Rel. ❑ Funds ❑ Hearing ❑ Leases ❑ MOA / MOU ❑ Out of State Travel ❑ Petty Cash ❑ Request for Purchase ❑ Resolution ❑Support Letter ❑Surplus Req. ❑Tax Title Property ❑WSLCB If necessary, was this document reviewed by accounting? ❑ YES ❑ NO /A If necessary, was this document reviewed by legal? ❑ YES ❑ NO N/A DATE OF ACTION: 16.,? f � Z-5 DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D1: XJZA D2: D3: WITHDRAWN: 4/23/24 R BETWEEN GRANT COUNTY AND COLUMBIA BASIN CONSERVATION DISTRICT THIS AGREEMENT is made and entered into this 9 ST day of October 2025, between GRANT COUNTY, a political subdivision of the State of Washington, and the GRANT COUNTY CONSERVATION DISTRICT, DBA COLUMBIA BASIN CONSERVATION DISTRICT) (`tithe District"), a political subdivision of the State of Washington. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington ("RCW"), provides for public agencies to enter into agreements for joint or cooperative action authorized under that chapter; WHEREAS, the County and the District are public agencies within the meaning of chapter 39.34 RCW; WHEREAS, chapter 89.08 RCW specifically provides for the District to enter into interlocal agreements; WHERE,AS, the District's mission is to provide leadership, technical, educational and financial assistance to landowners and land users in their utilization and management of natural resources; WHEREAS, the District serves the citizens of the community (county, state, country) to ensure the long term use of natural resources in an economically, socially and environmentally sustainable manner using non -regulatory, voluntary approaches; WHEREAS, the Washington State Legislature, through ESHB 1886, created a Voluntary Stewardship Program ("VSP") for protection of critical areas in areas of agricultural activities; WHEREAS, the Grant County Board of County Commissioners approved Ordinance No. 12- 008CC, An Ordinance Electing to Participate in the Voluntary Stewardship Program (RCW 36.70A.705), identifying and nominating the Esquatzel Coulee (WRIA 36), Lower Crab (WRIA 41), Grand Coulee (WRIA 42), Upper Crab -Wilson (WRIA 43), Moses Coulee (WRIA 44) and Lower Lake Roosevelt (WRIA 53) watersheds as state priority watersheds, and electing to have Grant County proceed with implementation of the requirements of the Voluntary Stewardship Program once the Washington State Legislature provides adequate funding for such activity; d. Write the Work Plan(s) for the Esquatzel Coulee, Lower Crab, Grand Coulee, Upper Crab -Wilson, Moses Coulee and Lower Lake Roosevelt watersheds as state priority watersheds. 4. COMPENSATION BY THE COUNTY TO THE DISTRICT a. The District will directly bill the Washington State Conservation Commission for all activities on VSP. b. The District will send all copies of invoices to the County for its records. 5. DURATION OF AGREEMENT — TERMINATION. This agreement shall remain in force until June 30, 2027. This agreement may be terminated, in writing, by either of the Parties with thirty (30) days written notice, mailed with pre -paid postage to the point of contact identified in paragraph two (2) 6. RELATIONSHIP OF THE PARTIES. No agent, employee or representative of the County shall be deemed to be an agent, employee or representative of the District for any purpose, and the employees of the County are not entitled to any of the benefits the District provides to District employees. No agent, employee or representative of the District shall be deemed to be an agent, employee or representative of the County for any purpose, and the employees of the District are not entitled to any of the benefits the County provides to County employees. 7. NON -DELEGATION / NON -ASSIGNMENT. Neither party may delegate the performance of its contractual obligation hereunder to a third party, unless mutually agreed in writing. Neither party may assign this Agreement without the written consent of the other party. 8. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation, all those pertaining to wages and hours, confidentiality, disabilities, and discrimination. 9. HOLD HARMLESS. Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or admission of any person, firm or corporation not a party to this agreement. 10. INDEMNIFICATION, The County and the District shall defend, indemnify and hold each other harmless from and against any and all claims, demands, losses and liabilities to or by third parties arising from, resulting from, or connected with, services performed or to be performed under this contract to the fullest extent permitted by law whether arising from contract liability(ies) or otherwise. Interlocal Cooperation Agreement Voluntary Stewardship Program 2025-2027 Page 3 of 7 a. This Agreement shall be governed by the laws of the State of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. The venue of any action brought hereunder shall be in Grant County, Washington. b. If any legal action or other proceeding is brought for enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney fees incurred in that action or proceeding. 14. ORDER OF PRECEDENCE. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed upon written amendments to this Agreement. C. This Agreement. d. Statement of Work and Budget. e. Any other provisions of this Agreement, including materials incorporated by reference. 15. FUNDING AVAILABILITY. -Grant County's ability to make payments is contingent on availability of funding. In the event funding from the state is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, Grant County, at its sole discretion, may elect to terminate the Agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. Grant County may also elect to suspend performance of the agreement until Grant County determines the funding insufficiency is resolved. Grant County may exercise any of these options with no notification restrictions. 16. PROPERTY. Unless otherwise specifically agreed by the parties in writing, all property, personal or real, utilized by the parties hereto in the execution o , f this Agreement shall remain the property of that party initially owning it. Either party can acquire property necessary for the undertaking unilaterally from the joint funds and hold that property for the duration of the agreement as necessary in pursuit of the joint undertaking. Upon the property no longer being necessary for the joint venture, property purchased from joint funds will be sold and the proceeds split evenly between the parties unless otherwise agreed to by the parties in writing. 17. TERMINATION FOR CAUSE. If for any reason, either party does not fulfill in a timely manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement maybe terminated immediately by written notice of the aggrieved party to the other, mailed with pre- paid postage to the point of contact identified in paragraph two (2) Interlocal Cooperation Agreement Voluntary Stewardship Program 2025-2027 Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. COLUMBIA BASIN CONSERVATION DISTRICT 1107 S Juniper Drive Moses Lake, WA 98837 By: Chairman, Board of Supervisors Dated: / GRANT COUNTY BOARD OF COMMISSIONERS PO Box 37 Ephrata, WA 98823 Dated: l�2- ;2 / • JJ X Cindy Carter, Vice C Kevin Burges ember ATTES Approved as to Form: Cl rk oft Bard e Deputy Prosecuting Attorney Interlocal Cooperation Agreement Voluntary Stewardship Program 2025-2027 Page 7 of 7 BOARD OF COUNTY COMMISSIONERS Grant County, Washington RESOLUTION AUTHORIZING RESOLUTION No. 25- 09� -CC EXECUTION OF INTERGOVERNMENTAL COOPERATION AGREEMENT WITH COLUMBIA BASIN CONSERVATION DISTRICT FOR THE VSP PROGRAM WHEREAS, Chapter 34.39 RCW, the Interlocal Cooperation Act, permits local government entities to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage, for the purposes of providing services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the Columbia Basin Conservation District is authorized pursuant to Chapter 3 9.3 4 RCW to enter into interlo cal agreements; and WHEREAS, Grant County, Washington, is vested with authority to enter into an interagency agreement pursuant to Chapter 3 9.3 4 RCW; and WHEREAS, the purpose of Intergovernmental Cooperation Agreement is for the purpose of facilitating the parties mutual interest in implementing the Voluntary Stewardship Program (VSP); and WHEREAS, it is the desire of Grant County and the Columbia Basin Conservation District to enter into this agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the attached Interlocal Agreement between Grant County and the Columbia Basin Conservation District be approved. DATED this � day of _�) r � 2025. BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY, WASHINGTON y� kDb�- �of es, Chair ATTEST: ❑ ❑ Cln y Ca er, V k-/ ice -Chair B rbara J. V s z ❑ ❑ C erk of the B rd Kevin Bur ess, ember ..� g