Interlocal Agreement with State of WA, WDFW for the use of Meskill Pit BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-078
APPROVING AN INTERLOCAL AGREEMENT
BETWEEN LEWIS COUNTY AND THE STATE OF
WASHINGTON, DEPARTMENT OF FISH AND
WILDLIFE (WDFW) FOR THE USE OF THE MESKILL
PIT, 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 the Washington Department of Fish and
Wildlife (WDFW), desire to enter into an agreement to allow WDFW use of Meskill
Road in Boistfort, located in Section 10, Township 13 North, Range 4 West, W.M.,
identified as Tax Parcel No. 019300 002 000, also known as the "Meskill Pit"; and
WHEREAS, WDFW desires to use the Meskill Pit for the purpose of parking
vehicles and accessing the Chehalis River in conjunction with their monitoring of
the rotary screw trap; and
WHEREAS, the Director of Public Works and County Engineer have reviewed the
Interlocal Agreement 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 Interlocal Agreement with WDFW for the purpose stated above, expiring on
December 31, 2025, to be in the best public interest and the Director of Public
Works is hereby authorized to sign the same.
DONE IN OPEN SESSION this 2nd day of March, 2021.
Page 1 of 2 Res. 21-078
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
ATTEST: sc� OOF14 •. • Lindsey R. Pollock, DVM
3/ors t se R. Pollock, DVM, Vice Chair
c.A10E
Y
1,845 z :
Rieva Lester • '- Sean D . Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-078
INTERLOCAL AGREEMENT
Parcel No. 019300 002 000
Address: Meskill Rd, Boistfort
THIS AGREEMENT, by and between, LEWIS COUNTY, (351 NW North Street, Chehalis,
WA 98532) a political subdivision of the State of Washington, herein referred to as "County", and
the STATE OF WASHINGTON, DEPARTMENT OF FISH AND WILDLIFE, (PO Box 43135,
Olympia, WA 98504-3135) herein referred to as "WDFW"
WITNESSETH;
WHEREAS, County is the owner of the property off Meskill Rd in Boistfort, located in
Section 10, Township 13 North, Range 4 West, W.M., identified as Tax Parcel No. 019300 002
000, also known as the "Meskill Pit", and
WHEREAS, WDFW desires to use the Meskill Pit herein referred to as "premises" for
the purpose of parking vehicles and accessing the Chehalis River in conjunction with their
monitoring of the rotary screw trap, and
WHEREAS, each party executing this agreement will be bound and obligated to the
terms herein and perform the obligations contained herein, regardless of whether or not they
occupy some, all or none of the premises;
NOW THEREFORE, the parties hereto, each in consideration of the covenants herein
contained and in performance thereof on the part of the other, do hereby agree to the following
terms and conditions:
(1) WDFW acknowledges that it has inspected the premises, knows the condition
thereof, and is entering into this agreement with the full knowledge of the state
and condition of the premises. County makes no warranty or representations as
to the conditions of the premises. WDFW assumes all risks associated with its
activities which take place on the premises.
(2) WDFW agrees to only use premises for purposes of parking vehicles and
accessing the Chehalis River for monitoring of the rotary screw trap.
(3) WDFW agrees to leave the property in a condition that is equal to or better than
its condition at the beginning of this agreement and agrees to assist in keeping
the premises clean and in an orderly condition, free from trash and debris.
(4) WDFW agrees not to block access to Meskill Pit and to leave the road
approaches open for vehicular traffic at all times.
(5) WDFW agrees to keep property secure when not in use. WDFW acknowledges
that there are other users of the site and agrees to ensure that when securing
the property that they will not affect the access of others.
(6) The WDFW agrees that no youth will be brought onto the premises.
Page 1 of 3
(7) WDFW agrees that any alterations made to the premises must first be
authorized by County.
(8) County remains responsible for repair of damage to the premises caused by
forces of nature and third parties. County is under no obligation to make repairs
within specific timeframes.
(9) WDFW shall comply with all applicable laws, statutes, ordinances, rules and
regulations of federal, state and local governments and agencies thereof.
WDFW shall obtain all permits and licenses required in its use of the premises.
(10) If at any time the County needs to use a portion of the premises, WDFW agrees
to modify its operations to accommodate County needs. County agrees to
minimize impacts on WDFW's use as much as practical.
(11) WDFW understands that its occupation of the site by this agreement is non-
exclusive and that County may enter into agreements with others for use of the
premises.
(12) WDFW, is self-insured under the Washington State Self Insurance Pool.
WDFW shall provide proof of acceptable coverage through a State of
Washington Certificate of Insurance issued by the State Department of Risk
Management before accessing the County's property.
(13) To the fullest extent permitted by law, WDFW shall indemnify and save
harmless, Lewis County and its respective properties and officers, employees,
agents, permittees and licensees, from any and all costs, expenses, damages,
penalties, liens, charges, claims, injuries, environmental cleanup or remediation
obligations, demands or liabilities whatsoever (including reasonable attorneys'
fees and court costs) arising out of or in any manner connected with or resulting
from the acts, omission, activities, or operations hereunder of WDFW and/or
WDFW servants, employees, contractors, subcontractors, agents, permitees,
independent contractors and/or assigns ("WDFW Responsible Parties") under
this Agreement, as the case may be, which may be suffered by County or
asserted by any third party whomsoever, including, but not limited to, WDFW
Responsible Parties and governmental agencies.
(14) Period of Performance under this agreement shall be effective as of March 2,
2021 and shall terminate on December 31, 2025 unless terminated sooner as
provided herein.
(15) Project Managers/Contacts:
For Lewis County— For WDFW —
Ann Weckback, Environmental Planner Devin West, Fish Biologist
Lewis County WDFW
2025 NE Kresky Avenue PO Box 43200
Chehalis, WA 98532 Olympia, WA 98504-3200
(360) 740-1440 (360) 701-9002
Ann.Weckback @lewiscountywa.gov Devin.West @dfw.wa.gov
Page 2 of 3
(16) This agreement may terminate on upon 60 days' notice by either party.
(17) Upon termination, WDFW shall remove structures, materials and equipment
placed on the property during its use, within 14 calendar days, unless specifically
allowed to remain by County.
(18) This agreement is not assignable in whole or part without the prior written
consent of the County, which consent may be withheld in County's sole
discretion.
Dated this 8 Day of JN4-120.1- , 2021 Dated this 11 day of March , 2021
for Lewis County, Washington for WDFW
BY: �►r�iiiii i��ii� By:
Jos etcalf,P.E. ' Jeffrey Hugdahl
Dector WDFW Contracts & Purchasing Manager
Digitally signed by
Hugdahl, Hugdahl,Jeffrey R(DFW)
Jeffrey R (DFW) ate.2021.03.1110.44.58
Page 3 of 3
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: March 2, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving an Interlocal Agreement between Lewis County and the State of Washington,
Department of Fish and Wildlife (WDFW) for the use of the Meskill Pit, and authorizing signatures
thereon
Contact: Tim Fife Phone: 360-740-2711
Department: PW - Public Works
Description:
Approving an Interlocal Agreement between Lewis County and the State of Washington,
Department of Fish and Wildlife (WDFW) for the use of the Meskill Pit, and authorizing signatures
thereon
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Tim Fife-PW, Rose Williams-PW; Kim Amrine,
PW