Approve Master Interlocal Agreement with Town of Pe Ell and authorizing signatures BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-182
APPROVING A MASTER INTERLOCAL AGREEMENT
BETWEEN LEWIS COUNTY AND TOWN OF PE ELL
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 Town of Pe Ell, desire to enter into an
agreement to streamline the administrative process in which reimbursable work is done
for Town of Pe ElI by Lewis County Public Works; and
WHEREAS, the Master Interlocal Agreement will be for a period of 5-years, expiring
December 31, 2025, and can be terminated by either party upon written notice; and
WHEREAS, the Director and County Engineer have reviewed the Master Interlocal
Agreement (attached as Exhibit A) and recommend 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 Town of Pe ElI for the purpose of streamlining
reimbursable work for a 5-year period, expiring on December 31, 2025, to be in the
best public interest and the BOCC is hereby authorized to sign the same.
DONE IN OPEN SESSION this 1st day of June, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
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ATTEST: •'C°"- -=wAs•• Edna J . Fund
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‘' " Edna J. Fund, Vice Chair
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Rieva Lester •'� '-'ro� �S;°' Robert C. Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
MASTER INTERLOCAL AGREEMENT
THIS AGREEMENT. made and entered into pursuant to authority of R.C.W. 39.34.080
and in conformance with R.C.W. 43.09.210, this JSt day of`J , 2020, by and between
LEWIS COUNTY, Washington, a political subdivision of the State of Washington, hereinafter
referred to as the "County", and Town of Pe ElI , a political subdivision of the State of
Washington, hereinafter referred to as "Municipality",
WITNESSETH:
IT IS HEREBY COVENANTED AND AGREED as follows:
1. In the event the Municipality requests that the County perform work of the manner
described below and guarantees reimbursement to the County for all work done. the County 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 Municipality of _Pe ElI
Washington, or areas in which the Municipality 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. Other work as needed
G. Grading
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 Mayor , of the Municipality requests an estimate for reimbursable work from
Lewis by submitting a reimbursable work order.
b) A County Senior Engineer, Road Maintenance Supervisor. or Traffic Operations Supervisor will
provide an estimated cost of the work.
c) The County Maintenance & Traffic Engineer or Assistant County Engineer verifies the estimate and
the availability of resources to perform the work.
d) The Town Council , of the Municipality approves expenditure of Municipality funds
to complete the work as described, based on the detailed scope of work provided by the County.
e) The 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 Board of County Commissioners.
f) The Mayor , of the Municipality will submit the Reimbursable Work Order to
the Lewis County Fiscal Division for processing upon completion of all work agreed to be performed.
3. The Municipality hereby agrees to reimburse the Public Works Department of the
County 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 the County for the Municipality under this agreement shall
not exceed $20,000 per agreement, nor an annual aggregate amount of$30,000.
4. The Municipality 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 the County'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 the Municipality has total responsibility for having in its name all
necessary property rights prior to construction and/or maintenance by the County. The Municipality
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 the Municipality agrees
to protect. defend, indemnify and hold harmless the County, 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 the County, except insofar as any obligation or
responsibility is imposed upon the County by statute. The Municipality has negotiated and expressly
waives any immunity that may be granted it under the Washington industrial Insurance Act.
8. The Municipality certifies and warrants that _the Mayor , has the
authority to enter into a reimbursable work order and to bind the Municipality thereby.
9. The Municipality hereby confers on the County the authority to perform the categories
of work listed in paragraph one within the Municipality's jurisdictional limits for the purposes of
carrying out this Agreement. Further, the Municipality agrees that when the County provides
engineering and administrative services for the Municipality, the County Engineer may exercise all
the powers and perform all the duties vested by law or by resolution in the
Mayor or other officer or department charged with road maintenance
administration.
10. The County is a contractor of services only and does not purport to represent the
Municipality professionally other than in providing the services requested by the Municipality. As
an independent contractor, the County shall control personnel standards of performance, discipline
and all other aspects of performance, including that of the dedicated on-site staff. In the event the
County uses contract services to perform services for the Municipality, the County shall perform the
appropriate supervision and inspection of the contractor's work.
11. This Agreement will expire December 31, 2025, unless otherwise 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
Mayor of the Municipality, 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
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By: Deputy Pr secuting Attorney Ga St mper, Ch-it
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ATTEST: Edn-. . Fund,
Rieva Lester, Clerk of the Lewis Robert C. -ckson, Commissioner
County Board of County Commissioners
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Municipality:
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BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: June 1, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving a Master Interlocal Agreement between Lewis County and Town of Pe Ell and authorizing
signatures thereon
Contact: Michael Kroll Phone: 2762
Department: PW - Public Works
Description:
Proposed - This Resolution will authorize the Board of County Commissioners (BOCC) to sign and
approve the Master Interlocal Agreement between Lewis County and Town of Pe Ell, which will
govern reimbursable work performed by Public Works forces for which the municipality does not
have the capability to perform.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Tim Fife - PW
Rose Williams - PW
Robin Saline - PW