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Interlocal Agreement with Boistfort Valley Water Corporation for reimbursable work BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: } Approving an Interlocal Agreement } RESOLUTION NO. 18- 119 between Lewis County and Boistfort Valley } Water Corporation for reimbursable work } and authorizing signatures thereon } WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, provides for interlocal cooperation between governmental agencies to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the parties, Lewis County and Boistfort Valley Water Corporation, desire to enter into an agreement to streamline the process in which reimbursable work is done as requested by the other organization; and WHEREAS, the County Engineer has reviewed the Interlocal Agreement (attached) and recommends that the Board of County Commissioners authorize execution of the Agreement; and WHEREAS, it appears to be in the best public interest to authorize the execution of the Interlocal Agreement between Lewis County and Boistfort Valley Water Corporation. NOW, THEREFORE BE IT RESOLVED that the Interlocal Agreement with Boistfort Valley Water Corporation for the purpose of streamlining the process for reimbursable work is hereby approved and the Chair of the Board of County Commissioners is authorized to sign the same. DONE IN OPEN SESSION this 10th day of September, 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonat n L. eyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON a / / gilt y: Deputy Prosecuting Attorney ' dna a. Fund, Ch t% ATTEST: Robert C. Jackson, Vice Chair Gary Stafriper, Merhber Rieva Lester, Clerk of the Lewis County INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into pursuant to authority of RCW 39.34.080 and in conformance with RCW 43.09.210,this I O 'day of Sepi-e rnbe,1 , 2018, by and between LEWIS COUNTY, Washington, a political subdivision of the State of Washington, hereinafter referred to as the "County" and the Boistfort Valley Water Corporation, a local service district hereinafter referred to as"Boistfort", I. Purpose The purpose of this agreement is to allow for the County to provide Administrative, Engineering Services, Construction, Maintenance,or Emergency Water sales or services to Boistfort, and to allow Boistfort to provide Administrative or Engineering Services, Construction, Maintenance, or Emergency Water sales to the County. II. Services The County and Boistfort shall provide labor, equipment, materials, or water sales for administrative or engineering services, construction, maintenance,or emergency management of water facilities as requested by Boistfort or County, and to the extent that Boistfort or County providing the service has labor, equipment, materials, and water available for said service.An authorized signature from the requesting and providing departments in each respective organization shall request and approve specific services during a calendar year in writing.The requests shall describe the services,the timing anticipated for the services, and the maximum dollar amount of the services. III. Compensation The County and Boistfort agree to compensate the other at the organization's actual cost for services rendered including overhead costs. IV. Independent Contractor The services provided under this agreements are those of an independent contractor. Employees of Boistfort are and will remain employees of Boistfort. Employees of the County are and will remain employees of the County. V. Indemnification Each party shall defend, protect and hold harmless the other party from and against all claims, suits, and/or other actions arising from any negligent or intentional act or omission of the party's employees, agents and/or authorized subcontractor(s) while performing this contract. Neither party assumes responsibility to the other party for the consequences of any act of omission of any person,entity,firm or corporation not a party to this contract. VI. Amendment The County and Boistfort may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind Boistfort and the County. VII. Termination Clause This Agreement shall remain in force for a period of five (5)years and will terminate if not renewed on or before December 31, 2023. Either party may terminate this agreement by delivering notice of termination to the other party at least ninety (90) days advance. If this Agreement is so terminated,the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. VIII. Property and Equipment Any property borrowed shall be returned in its original condition.Any property that has been damaged shall be repaired to its original condition or replaced with a comparable item. Upon termination or non-renewal of this agreement, all property shall be returned to its owner. IX. Disputes In the event that a dispute arises under this Agreement, it will be resolved in the following manner: Boistfort and the County will each individually appoint one member to a Dispute Board and jointly appoint a third member.The Dispute Board will evaluate the dispute and make a determination of the dispute.The decision of the Dispute Board may be appealed to the Superior Court for de novo review. LEWIS COUNTY Edna J. Fund, C 4 of the Lewis County Board of ommissioners BOISTFORT VALLEY WATER Derek Zock, General Manager BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Sep 10, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approving an Interlocal Agreement between Lewis County and the Boistfort Valley Water Corporation for reimbursable work and authorizing signatures thereon Contact Betsy Dillin Phone: 3607401138 Department: Public Works Action Needed: Approve Resolution Description This Resolution will allow the Boistfort Valley Water Corporation and Lewis County to enter into an Interlocal Agreement which will govern reimbursable work performed by either organization. The Agreement will enable the County and Boistfort to be able to provide labor, equipment, materials, or water sales for administrative or engineering services, construction, maintenance, or emergency management of water facilities. Work will be performed as requested by Boistfort or County, and to the extent that Boistfort or County providing the service has labor, equipment, materials, and water available for said service. An authorized signature from the requesting and providing departments in each respective organization shall request and approve specific services during a calendar year in writing. The requests shall describe the services, the timing anticipated for the services, and the maximum dollar amount of the services. It appears to be in the best public interest to authorize the execution of the Interlocal Agreement in order to streamline the process for reimbursable work. Cover Letter To Kim Amrine,PW Betsy Dillin, PW