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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
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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
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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
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ATTEST:
Interlocal Agreement betweell ('011111Y Mid the Cities til' S41; 11Lake,
FICCtric City. and Grand Coulee