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HomeMy WebLinkAboutAgreements/Contracts - Development ServicesK22-2 10 INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY, WASHINGTON And the CITIES OF: SOAP LADE, ELECTRIC CITY AND GRAND COULEE REGIONAL SHORELINE MASTER. PROGRAM PERIODIC REVIEW THIS AGREEMENT is entered under the authority of the Interlocal , Cooperation Act, Chapter 39.34.RCW between Grant County and the Cities of Soap Lake, Electric City, and Grand Coulee. WHEREAS, pursuant to Chapter 39.34 RCW, one or morepublic -entities may contract with one another to perform government functions or services which each is by law authorized to perform; and WHEREAS, the Washington State Shoreline Management Act (RCW 90.58) and its associated rules (WAC 173 -26) require local governments to administer shoreline master programs that include policies and regulations that ..govern designated shorelines within_ .their respective jurisdictions; and WHEREAS, Grant County. and Cities of Soap Lake, Electric City, and Grand Coulee are required to update their shoreline master programs by June 3 0, 2023; and WHEREAS.. the Washington State Legislature has provided funding through the Washington State Department. _of_ Ecology (Ecology) for local governments to update their shoreline master programs; and `VVI1S, Grant Count and the Cities of Soap Lake, Electric City, and Grand Coulee have agreed to coordinate to update -their shoreline master programs using grant fiinding from Ecology; and WHEREAS, because shorelines cross jurisdictional boundaries, regulation of shoreline areas, -public access to. -the shoreline and development is best achieved through cooperative and collaborative planning; and - WHEREAS, funding and timing efficiencies and economies of scale in use of grant funds can be realized by cooperative and collaborative shoreline planning; NOW THEREFORE, the parties agree as follows: 10 ADOPTION OF RECITALS The recitals set forth above are hereby adopted as the factual basis for this Agreement. 2, PURPOSE The purpose of this Agreement is to set forth: 2.1 Administrative responsibilities; Interlocal Agreement between Grant County and the Cities of: Soap Lake, Electric City, and Grand Coulee 2.2 Agreed-upon goals; and 2.3 Identified tasks and responsibilities for. cooperative shoreline master program updates. 3. ADMINISTRATIVE RESPONSIBILITIES This Agreement does not establish a separate legal entity to carry out the cooperative shoreline masteram. ro updates dates undertaken herein. The. following paragraphs identify administrative p . �' responsibilities for cooperative shorelines master program updates. 3.1 Project Manager. Grant County is the Project Manager designated to administer this Agreement. 3.2 Lead Agency. Grant County will take the Lead Agency Status for this project, which includes the responsibility for all Consultant Contract Administration, Grant Administration and SEPA activities. 3.3 Communications: The Project Manager .and the. other. Parties will communicate via in-person meetings, telephone or email to relay information, answer questions, or raise concerns. A.11 .parties will respond promptly to; communications. The Project ° _ _ project is timely provided to the Manager. will ensure that i�nformation related tothe Parties, between the Parties, and between the Parties and Ecology. 3.4 Documents to be Provided. The Projec$ Manager will distribute to: each Party an electronic copy of review documents and deliverables. 3.5 Record -Kee in'., The Project Manager Will keep the officialproject records and make them available to jurisdiction each for record keeping associated with the adoption of each jurisdiction's local shoreline master program. 4. A►.GREEP-UPON GOALS The Parties agree to the following goals necessary for cooperative shoreline master program updates: - -L4e 1 - It is the Parties' intent to develop consistent shoreline master programs. 4.2 Each Part will coo erate to carr out the terms of the grant agreement with Y P Y Ecology, copy of which is attached hereto. 4.3 The Parties will jointly establish countywide shorelines goals, a regional approach to public participation, the shoreline master program inventory, analysis, characterization and identification of restoration opportunities. 4.4 To the extent possible, the Parties will jointly develop shoreline environmental designations, a restoration plan, shoreline policies and regulations, and cumulative impacts assessment/no net loss demonstration. Interlocal Agreement between Grant County and the Cities of: soap Lake, Electric City, and Grand Coulee 5. IDENTIFIED TASKS AND RESPONSIBILITIES 5.1 The Parties hereby designate Grant County as the "Recipient" of a portion of the Ecology Shoreline Management Act grant funds made available to the Parties for purposes of cooperative development of an updated shoreline master program(s) for each of the separate jurisdictions. The amounts of those funds shall be as set forth below in sections 5.2 and 5.3. 5:2 The anticipated grant funds available from Ecology for all participating jurisdictions within this- Agreement will not exceed $117, 600.00 for the fees, services and materials of the Consultant contract and reimbursable expenses for the participating jurisdictions. 5.3 As recipient of Ecology grant funds, Grant County will be responsible to Ecology for administration of the grant, and for submission to Ecology of all required deliverables, reports and accounting for funds as required by the grant agreement, including an updated -shoreline master program for each of the separate jurisdictions. 5.4 Grant County shall work with the other jurisdictions to develop an appropriate approach to produce each jurisdiction's shoreline master program. Grant County will also work with other interests participating in the shoreline master program update regarding the general direction of the effort. 5.5 As recipient -of Ecology. grant funds and as the. Project Manager for this shoreline master program process, Grant County is responsible for the preparation of a shoreline master - program that meets the State's procedural and substantive requirements. Grant --County will provide staff and consultant services to the participatingjurisdictions for their local shoreline tnaster program adoption process: The participating jurisdictions are responsible far providing limited staff assistance in gathering necessarybackground information, performing review of draft policies and deliverables and for coordinating with Grant County for the program adoption process. 5.6 As a recipient of Ecology grant funds and as the Project Manager for this shoreline master program. process, Grant County will have the lead role in conducting public participation that is designed to engage the public within the participating jurisdictions'. A Public. Participation Program will be developed as part of this process. The: participating jurisdictions are responsible for coordinating with and assisting Grant County in those public participation efforts and may opt to conduct additional public participation within its own jurisdiction. Interlocal Agreement between Grant County and the Cities of Soap Lake, Electric City, and Grand Coulee 5.7 Upon receipt of commitment of grant funds from Ecology, Grant County will contract for performance of those technical consultant services, using the funds obtained from the grant. 5.8 Grant County shall manage the consultant work for the cooperative shoreline master program updates. 5.9 Grant County and the participating jurisdictions will take legislative action to adopt its own locally adopted shoreline master program. Changes, if any, required as a result of the Ecology approval process JWAC 173-26-120) are the sole responsibility of each individual- jurisdiction,: if the changes are direct result of legislative action by that jurisdiction in with :said jurisdiction may modify the draft shoreline master program. 5..10 Grant County may unilaterally terminate all or part of this agreement or may reduce its scope of work and budget if there is a reduction in funds by the source of those funds.- The Agreement shall terminate (10). ten days from the date of mailing of such termination for lack of funds. Grant County shall not be responsible for payment of any activities or expenses incurred after the (10) ten-day notice of Agreement termination. 6. TES _ This Agreement shall become effective upon the date it is authorized by the governing body of each municipal corporation. It shall remain in effect through June 30, 2023. 7. TERMINATIOhT Any Y Y Part may choose to terminate its participation in this Agreement by notifying the other parties __in -writing. (30) thirty days prior to termination. The terminating party shall have access to _unexpended -Ecology _ grant funds.-. in accordance with . Ecology rules and procedures. Any terminatingart shall continue to be entitled to work products generated pursuant to this p Y . Agreement through the termination date of this Agreement. 8. DISPUTE RESOLUTION Any dispute ute between the Parties regarding the delivery of services under this Agreement or any other controversy or claim arising out of or relating to this Agreement or the alleged breach of such Agreement which cannot be resolved may be submitted to mediation. Interlocal Agreement between Grant County and the Cities of: Soap Lake, Electric City, and Grand Coulee 9. INDEPENDENT CON'T'RACTOR The Parties are and shall at all times be deemed to be independent contractors in the provision of the services set forth in this Agreement. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and.. agent, between the Parties. Each Party shall retain all authority for provision of services, standards of performance, discipline and control of personnel and other matters incident to its performance of services pursuant to this .Agreement. Nothing in this Agreement shall make an employee of any Party an employee of any other Party for any purpose, including but not limited, to, for withholding of taxes, payment i of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded their respective employees by virtue of their employment. 10. HOLD HARMLESS -INDEMNIFICATION It is understood and agreed that each Party will be responsible for its own negligence and will, to the extent of its negligence and hold harmless the other Parties from any and all claims, losses, or causes of action, suits, and actions in equity of any kind. 11. ATTORNEY PEES AND COSTS All Parties shall bear their own attorney's fees and costs of enforcing the rights and responsibilities under this Agreement. 12. NO TH1RD-PARTY BENEFICIARY The Parties do not intend by this Agreement to assume any contractual obligations to anyone other than- -each other. The Parties do not intend there be any third -party beneficiary to this Agreement. No waiver by any Party of any term or condition of this Agreement incorporated into this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or different provision. This is an Agreement entered into pursuant to Chapter 39.34 RCW. Its purpose is as set forth in Section 2. Its duration -is as specified in Section 6. Its method of termination is set forth in Section 7. Its manner of financing and of establishing and maintaining a budget therefore is described in the Grant Agreement in Section 15. No real or personal property shall be acquired pursuant to this Agreement that will need to be disposed of upon partial or complete termination of this Agreement. 15. ENTIRE AGREEMENT This Agreement, which incorporates the terms and conditions of the draft Grant Agreement for this project between the Washington State Department of Ecology and Grant County, governs and Interlocal Agreement between Grant County and the Cities of: soap Lake, Electric City, and Grand Coulee binds the parties hereto and contains all of the agreements of the parties with respect to the subject matter covered or mentioned therein, and no prior Agreement shall be effective to the contrary. 16. AMENDMENT Thep rovisions of this Agreement may be amended with the mutual consent of the Parties. No additions to, or alterations of, the terms of this Agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of the Parties. pp _ . 17. DOCUMENT EXECUTION AND FILING Executed copies of this agreement shall be filed as required by RCW 39.34.040. 18. RA,.TIFICATION Acts taken in conformance with this Agreement prior to its execution are hereby ratified and affirmed. 19. SIGNATURES In witness thereof, the undersigned parties have caused this Agreement to be executed as authorized by each party's governing body on the dates indicated below. Interlocal Agreement between Grant County and the Cities of: Soap Lake, Electric City, and Grand Coulee BOARD OF COUNTY COMMISSIONERS GRANT COUNTY WASHINGTON Dated this day of 2022 lie �wv tw, z Danny Ston ,Chair Rob Jon r Cindy CarteP. Member ATTEST: A01 Bq a Vasquez, Clofk/o, the B Approved as to fbrm: mom" (Printed (Signed) Deputy Prosecuting Attorney Date: Interlobal. Agreement between Grant County and the Cities of: Soap Lake, Electric City, and Grand Coulee CITY OF ELECTRIC CITY GRANT COUNTY, WASHINGTON Dated thiaI.. today of 52E- 2022 F xm= , - Diane Kohout, M �3 ATTEST: Clerk Interlocal Agreement between Grant, County and the Cities of, Soap Lake, Electric City, and Grand Coulee CITY OF GRAND COULEE GRANT COUNTY, WASHINGTON Dated this /'?"4day of a 20212 ............ V,7 ...... Paul Tovmsend,, Mayor ATT"Ve'r., Clerk Interlocal Agreement between Grant County wid the Cities of- Soap I -akc, Electric City. and Grand Coulec CIT -Y OF SOAP LAI, -',,"E GRANT COUNTY, WASHINGTON Dated this clay of 202-2 ---------- ------ 0 �dyo cri e ql'i an M, l. ATTEST: Interlocal Agreement betweell ('011111Y Mid the Cities til' S41; 11Lake, FICCtric City. and Grand Coulee