Contract for Service with Boistfort Valley Water Corporation BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: }
Approving a Contract for Service } RESOLUTION NO. 18- aq3
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 Contract for Service (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 Contract for Services 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 24' day of September, 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
. .d /
By: Deputy Prosecuting Attorney Edn. J. Fund, C fir
Ct
ATTEST: Robert C. Jackso , Vice Chair
/I
•••COUN y •• '
4'4 • Gary St per, ember
/ ���• �o RDs'Sr•
Rieva Lester, Clerk of the Lewi$' puntsY ��)•
° 1845 � z^
•••••
Contract for Service
Cfrk
THIS AGREEMENT, made and entered into this / / day of .7/e74e1--;-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 community, non-profit water distribution
system hereinafter referred to as "Boistfort",
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.
11. 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. Release and Hold Harmless
The recipient of services acknowledges that in the course of providing services under this
agreement the provider of services may cause, or be unable to prevent, negative public
health consequences or other injury or damage to persons or property, such as a treatment
technique violation, sickness, death, property damage, or other harm to the recipient's
system.The Recipient accepts and voluntarily incurs all risks of any such injuries damages,
or harm which arise during or result from any activities of or services provided by the service
provider. Recipient releases the provider of services from any and all claims howsoever
arising out of or relating to this Agreement. Recipient further holds the provider of services
harmless from all claims for such consequences, injury, or damage.
VI. 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) out of or relating to
services provided in the course of 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.
VII. 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.
VIII. 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.
IX. Property and Equipment
Any small tools or equipment borrowed shall be returned in its original condition.Any
borrowed 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.
X. 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 BOISTFORT VALLEY WATER
Edna J. Fund, C 1G-" of the Lewis Eric Milian, President
County Board of Commissioners , Boistfort Valley Water Board of Directors
BOCC'A ENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Sep 24, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approving a Contract for Services 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 a Contract for
Services 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