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Approving Interlocal Agreement with Lewis County Water & Sewer District #5 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF } APPROVING AN INTERLOCAL AGREEMENT } RESOLUTION NO 19- \ BETWEEN LEWIS COUNTY AND LEWIS } COUNTY WATER & SEWER DISTRICT#5 } 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 Water & Sewer District#5, 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 Water& Sewer District#5 NOW, THEREFORE BE IT RESOLVED that the Interlocal Agreement with Water& Sewer District #5 for the purpose of streamlining the process for reimbursable work is hereby approved and the Board of County Commissioners is authorized to sign the same DONE IN OPEN SESSION this 29th day of April, 2019 APPROVED AS TO FORM BO• - ' OF COUNTY COMM! IONERS J• -than L Meyer, P .sec tang Attorney L ' CO AS GTON • '10.- AID // ✓, By Deputy Prosecuting Attqrney57-34\ Robed, ,, Jacks. , Chair ATTEST .••. Gar i+per, Vice Ch,. r Car4:S \-\0\-\\VAI , 1111410-Ld Rieva Lester, Clerk of th1 7wis ROE o' Edna J Fund, Commissioner : Attachment A 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 day of , 2019, by and between LEWIS COUNTY, Washington, a political subdivision of the State of Washington, hereinafter referred to as the "County" and the Lewis County Water& Sewer District#5, a local service district hereinafter referred to as "District#5", 1 Purpose The purpose of this agreement is to allow the County to provide Administrative, Engineering Services, Construction, Maintenance, or Emergency Water sales or services to District#5 II Services The County shall provide labor for administrative or engineering services, construction, maintenance, or emergency management of water facilities for District#5 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 an estimated timeline for providing the services III Compensation District#5 agrees to compensate the County for the actual costs for services rendered including administrative and overhead costs IV Independent Contractor The services provided under this agreement are those of an independent contractor 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 District#5 may mutually amend this agreement Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind District #5 and the County VII. Termination Clause This agreement shall continue until cancelled in writing by either party 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 District#5 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 LC WATER & SEWER DISTRICT#5 Josh Metcalf, Public Works Director Representative, Lewis County Water& Sewer District#5 BOCC AGENDA ITEM SUMMARY Resolution. BOCC Meeting Date Apr 29, 2019 Suggested Wording for Agenda Item: Agenda Type Consent Approving an interlocal agreement between Lewis County and Lewis County Water& Sewer Distnct#5 for reimbursable and authorizing signatures thereon Contact Josh Metcalf Phone. 2762 Department Public Works Action Needed: Approve Resolution Description Pursuant to authority of RCW 39 34 080 and in conformance with RCW 43 09 210,this resolution will allow the BOCC to sign and ratify an interlocal agreement that allows Lewis County to perform reimbursable work for Lewis County Water& Sewer District#5 The purpose of this Resolution is to streamline the process in which reimbursable work is done as requested by District#5 The County shall provide labor for administrative or engineering services, construction, maintenance, or emergency management of water facilities for District#5 Additional Copies Jsoh Metcal, PW Robin Saline,PW Kim Amrme,PW