Master interlocal agreement with Wahkiakum County BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: }
Approving a Master Interlocal Agreement between }
Lewis County and Wahkiakum County, and } Resolution No. 18- 0,3
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 Wahkiakum County, desire to enter into an
agreement to streamline the administrative process in which reimbursable work is done for
other governmental agencies by Lewis County Public Works; and
WHEREAS, the Master Interlocal Agreement will be for a period of 5 years, expiring
December 31, 2023 and can be terminated by either party upon written notice; and
WHEREAS, the County Engineer has reviewed the Master Interlocal Agreement
(attached as Exhibit A) and recommends that the Board of County Commissioners (BOCC)
authorize execution of the Agreement.
NOW, THEREFORE BE IT RESOLVED that the BOCC has determined executing the
Master Interlocal Agreement with Wahkiakum County for the purpose of streamlining
reimbursable work for a 5 year period, expiring on December 31, 2023, to be in the best public
interest and the BOCC is hereby authorized to sign the same.
DONE IN OPEN SESSION this 8th day of October, 2018.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan 4 - - Prosecuting Attorney LEWIS COUNTY, rlASH NGTON
By P eputy Prosecytiqg Attorney d►a J. Fund ,C it
2 ; -
ATTEST: Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of the Lewis .,„•••• Gary Stamper, Commissioner
County Board of County CommisS I
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MASTER INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered pursuant to authority of R.C.W. 39.34.080
and in conformance with R.C.W.43.09.210,this day of &!2018, by and between
LEWIS COUNTY, Washington, a political subdivision of the State of Washington, hereinafter
referred to as the "Lewis", and WAHKIAKUM COUNTY, a political subdivision of the State of
Washington, hereinafter referred to as "Wahkiakum",
WITNESSETH:
IT IS HEREBY COVENANTED AND AGREED as follows:
1. In the event Wahkiakum requests that the Lewis perform work of the manner described
below and guarantees reimbursement to Lewis for all work done, Lewis will upon completion of a
fully executed Reimbursable Work Order, provide all necessary labor and material and all work
incidental to providing such work in the County of Wahkiakum, Washington, or areas in which
Wahkiakum has legal authority to perform the following work:
A. Provide Surface Material H. Vegetation Control
B. Snow Plowing I. Guardrail Repair
C. Chipsealing J. Traffic Signs
D. Asphalt Overlay K. Surveying
E. Traffic Striping L. Rating Roads
F. Asphalt Patching M. Bridge Inspections
G. Grading N. Other work as needed
2. Each and every work request shall be made on a fully completed and signed
Reimbursable Work Order (sample attached), and according to the following steps:
a) The County Engineer, of Wahkiakum requests an estimate for reimbursable work from Lewis by
submitting a reimbursable work order.
b) A Lewis Senior Engineer, Road Maintenance Supervisor, or Traffic Operations Supervisor will
provide an estimated cost of the work.
c) The Lewis Maintenance & Traffic Engineer or Assistant County Engineer verifies the estimate and
the availability of resources to perform the work.
d) The County Engineer, of Wahkiakum approves expenditure of Wahkiakum funds to complete the
work as described, based on the detailed scope of work provided by Lewis.
e) The Lewis County Engineer approves such Reimbursable Work Orders, up to $20,000 and with an
annual aggregate limit of $30,000. Reimbursable work in excess of these amounts must be
performed under a separate Interlocal Agreement, approved by the Lewis Board of County
Commissioners.
f) The County Engineer, of Wahkiakum will submit the Reimbursable Work Order to the Lewis County
Fiscal Division for processing upon completion of all work agreed to be performed.
3. Wahkiakum hereby agrees to reimburse the Public Works Department of Lewis for all
work done, based upon the actual cost of labor, equipment rental, utilities, and materials used, and
an administrative fee of 5% or $100, whichever is greater. The estimated total dollar amount of all
work performed by Lewis for Wahkiakum under this agreement shall not exceed $20,000 per
agreement, nor an annual aggregate amount of $30,000.
4. Wahkiakum certifies and warrants that it has the legal authority to accomplish the work
with its own forces at the location specified in the Reimbursable Work Order, but in fact has
insufficient personnel/equipment to accomplish said work.
5. It is understood and agreed that the time for and hours of performance of reimbursable
work is at Lewis's discretion and all reimbursable work as provided for hereto shall be accomplished
only, and if, such work does not interrupt or interfere with Lewis County's regularly scheduled road
maintenance activities.
6. It is understood that Wahkiakum has total responsibility for having in its name all
necessary property rights prior to construction and/or maintenance by Lewis. Wahkiakum shall be
responsible for obtaining any permits necessary for the performance of the reimbursable work.
7. It is understood and agreed between the parties hereto that Wahkiakum agrees to
protect, defend, indemnify and hold harmless Lewis, its commissioners, agents, departments and
employees against any and all liabilities, claims, damages, penalties, actions, costs and expenses
(including reasonable attorney's fees)which may arise for any reason as a result of the performance
of this Agreement by Lewis, except insofar as any obligation or responsibility is imposed upon Lewis
by statute. Wahkiakum has negotiated and expressly waives any immunity that may be granted it
under the Washington industrial Insurance Act.
8. Wahkiakum certifies and warrants that the County Engineer, has the authority to enter
into a reimbursable work order and to bind Wahkiakum thereby.
9. Wahkiakum hereby confers on Lewis the authority to perform the categories of work
listed in paragraph one within Wahkiakum's jurisdictional limits for the purposes of carrying out this
Agreement. Further, Wahkiakum agrees that when Lewis provides engineering and administrative
services for Wahkiakum, the Lewis County Engineer may exercise all the powers and perform all
the duties vested by law or by resolution in the County Engineer or other officer or department
charged with road maintenance administration.
10. Lewis is a contractor of services only and does not purport to represent Wahkiakum
professionally other than in providing the services requested by Wahkiakum. As an independent
contractor, Lewis shall control personnel standards of performance, discipline and all other aspects
of performance, including that of the dedicated on-site staff. In the event Lewis uses contract
services to perform services for Wahkiakum, Lewis shall perform the appropriate supervision and
inspection of the contractor's work.
11. This Agreement will expire December 31, 2023, unless otherwise extended or
terminated. Either party may terminate this agreement by depositing in the mail a notice of
termination addressed to either the County Engineer of the Lewis County Public Works Department
or the Wahkiakum County Public Works Department, respectively.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
B . 111 i 0-'putt'k)ms . Fund, p it
ATTEST: Robert C. Jackson, Vice Chair
•- OUN7 y�•
Lester, Clerk of the Lewis • ' o 0 i ry Sta per,cr-
Rieva issioner
County Board of County Commi g on�rs ' \ lam.
5( SINCE �1-86
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APPR• ■ ED AS ! 6 " v : BOARD OF COUNTY COMMISSIONERS
Prose uti g Attorney—, WAHKIAKUM COUNTY, WASHINGTON
By: Daniel Bigelow Mikee -ckman, Chair
'/
ATTEST: Daniel L. othr , Commissioner
Ara
Beth Johnson, (r°rk of the Wahkiakum Blair H. Brady, Commissioner
County Board of County Commissioners
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Oct 08, 2018
Suggested Wording for Agenda Item: Agenda Type: Consent
Approving a Master Interlocal Agreement between Lewis County and Wahkiakum County,and authorizing
signatures thereon.
Contact Tim Fife Phone: 2711
Department: Public Works
Action Needed: Approve Resolution
Description
This resolution will allow Lewis County to enter into a Master Interlocal Agreement with Wahkiakum County,
which will govern reimbursable work performed by Public Works forces for which Wahkiakum County does not
have the capability to perform. This Master Interlocal Agreement will replace an existing agreement that will
expire December 31,2018. The term of the new agreement will be for a period of 5 years and expire on
December 31, 2023.
It appears to be in the best public interest to authorize execution of the Master Interlocal Agreement in order to
streamline the administrative process and allow use of reimbursable work orders for routine work done by
County crews for Wahkiakum County.
Approvals:
User Group Status
Niehuser,Jack Pending
Fife, Tim Pending
BOCC Pending
Budget Pending
Prosecutor Pending
Cover Letter To
Mail one signed original to:
Wahkiakum County Public Works
P.O. Box 97
Cathlamet, WA 98612
Additional Copies
Kim Amrine-PW
Mike Kroll-PW
Robin Saline-PW