Approve amendment to ILA with WSDOT regarding use of radio communication sites BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-390
APPROVING AN AMENDMENT TO AN
INTERAGENCY AGREEMENT WITH WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION
(WSDOT) REGARDING USE OF RADIO
COMMUNICATION SITES AND AUTHORIZING
SIGNATURES THEREON
WHEREAS, Lewis County and and the Washington State Department of
Transportation (WSDOT) share various radio communication sites in Lewis County;
and
WHEREAS, Resolution 16-201 passed on July 25, 2016, approved an Interagency
Agreement with WSDOT that authorized the reciprocal use of these sites until
August 31, 2021; and
WHEREAS, to continue the reciprocal use of these sites, WSDOT and Lewis
County desire to enter into an Amended Interagency Agreement that will extend
the use of these sites until August 31, 2026; and
WHEREAS, the Board of County Commissioners (BOCC) has reviewed the
Amended Interagency Agreement for the shared use of radio communications
sites; and
WHEREAS, it appears to be in the best public interest to authorize the execution
of the Amended Interagency Agreement for Lewis County.
NOW THEREFORE BE IT RESOLVED that the Amended Interagency Agreement
is hereby approved, and the chair of the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 9th day of November, 2021.
Page 1 of 2 Res. 21-390
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Lindsey R. Pollock, DVM
By: Amber Smith, Lindsey R. Pollock, DVM, Chair
Deputy Prosecuting Attorney
ATTEST: •'.°i"-T`-'kgs• Sean D. Swope
•v Ko of �.fi'.
Skean D. Swope, Vice Chair
•< 1g45s:•
•"orb .a
Rieva Lester ' �shcoec0.
Rieva Lester, • Vacant, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-390
ICN: 4-21-07750,4-21-00449,
4-21-00118,and 4-2 1-096 1 1
FCR: 4221RG,RB,and SI
AMENDMENT No.2 TO INTERAGENCY AGREEMENT
HOPKINS HILL,DOG MOUNTAIN,BENNET ROAD STOCKPILE SITE,AND
LEWIS COUNTY COURT HOUSE RADIO TOWER
This Amendment No. 2 (Amendment) to that certain agreement entitled INTERAGENCY
AGREEMENT, HOPKINS HILL, DOG MOUNTAIN, BENNET RD STOCKPILE SITE AND
LEWIS COUNTY COURT HOUSE RADIO TOWER,signed by WSDOT on September 27,2012
and by Lewis County on October 9, 2012, is entered into by and between the WASHINGTON
STATE DEPARTMENT OF TRANSPORTATION(WSDOT)and LEWIS COUNTY,a political
subdivision of the State of Washington(COUNTY).
RECITALS
A. WSDOT and COUNTY entered into that certain agreement entitled
INTERAGENCY AGREEMENT, HOPKINS HILL, DOG MOUNTAIN, BENNET RD
STOCKPILE SITE AND LEWIS COUNTY COURT HOUSE RADIO TOWER, signed by
WSDOT on September 27,2012 and by Lewis County on October 9,2012 (Agreement).
B. WSDOT and COUNTY entered into that certain amendment entitled
AMENDMENT No. 1 TO INTERAGENCY AGREEMENT, HOPKINS HILL, DOG
MOUNTAIN, BENNET RD STOCKPILE SITE AND LEWIS COUNTY COURT HOUSE
RADIO TOWER, signed by WSDOT on September 13, 2016 and by Lewis County on July 25,
2016(Amendment).
C. Section 25 Modifications of the Agreement provides for written amendments.
D. Section 3 of the Agreement authorizes the parties to extend the term of the
Agreement and the parties desire to exercise this option.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree to be legally bound to this Amendment
No. 1 as follows:
1. All capitalized terms used herein but not defined herein have the respective meanings set
forth in the Agreement or,if not defined in the Agreement,have their ordinary and usual meaning.
All Section and Exhibit references herein,if any,are to the Sections and Exhibits of the Agreement
unless otherwise stated.
2. The term of the Agreement is extended from 11:59 p.m. August 31, 2021 to 11:59 p.m.
August 31,2026(the"Expiration Date").
3. The effective date of this Amendment is the date of the last signature.
Page 1 of 5
ICN: 4-21-07750,4-21-00449,
4-21-00118,and 4-2 1-096 1 1
FCR: 4221RG,RB,and Si
4. Except as expressly set forth in this Amendment, the terms and conditions of the
Agreement shall remain in full force and effect. The provisions of the Agreement, as modified by
this Amendment, shall apply equally to any and all other provisions in the Amendment as though
the modified provisions were original,but all of which together shall constitute one and the same
instrument. In the event of a conflict between the terms of this Amendment and the terms of the
Agreement, the terms of this Amendment shall govern and control.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2of5
ICI. 4-21-07750,4-21-00449,
4-21-00118,and 4-21-09611
FCR: 4221 RG,RB,and SI
IN WITNESS WHEREOF, the parties hereto, having read this Amendment in its entirety,
including all exhibits and attachments, if any, do agree in each and every particular and intending
to be legally bound have executed this Amendment.
•
LEWIS COUNTY WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
By:, /?.1 1/i41 By: c\A„J(//
ark Smit
Chair of Lewis County Board of State Facilities Administrator
County Commissioners
Dated: a/g/zo2) Dated: I -70-zoZ-/
APPROVED AS TO FORM APPROVED AS TO FORM
By:DX Y�l( 0\ _i 0 By:
Assistant Attorney General
Date:
Page 3 of 5
ICN: 4-21-07750,4-21-00449,
4-21-00118,and 4-21-09611
FCR: 4221 RG,RB,and SI
LEWIS COUNTY ACKNOWLEDGMENT
STATE OF WASHINGTON )
)ss
COUNTY OF LEWIS )
On this g41%- day of /Y 01/Gt , 2021 before me
personally appeared 4ss R.P//, o me known to be the Chair of the Lewis County
Board of County Commissioners that executed the foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said limited liability company,for the uses
and purposes therein mentioned, and on oath stated that he/she was authorized to execute said
instrument.
GIVEN under my hand and official seal the day and year last above written.
,,,,,,i,,,,,,,,,,,,,,, "g4-€4-r-4-8/-1--, f-'
` JPo25 o TFR���''
,,,.� LES • (Signature)
\0 PARY
`.0 PUBL\G 4 c 2 `R.►cv� 1-�-Sie.? 1
I' t11.*-:* ``��`��0 (Print or type name)
'•••;9 �F, SY', Notary Public in and for the State of Washington
•,,,,,,,,,u".%'1, residing at W lA to c,iG 1 cvA g D
My commission expires 8l go--
Page 4 of 5
ICN: 4-21-07750,4-21-00449,
4-21-00118,and 4-2 1-096 1 1
FCR: 4221RG,RB,and SI
WSDOT ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss
COUNTY OF THURSTON )
On this day of , 2021 before me
personally appeared Mark Smith, to me known to be the duly appointed State Facilities
Administrator, and that he executed the within and foregoing instrument and acknowledged the
said instrument to be the free and voluntary act and deed of said State of Washington, for the uses
and purposes therein set forth,and on oath states that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day of , 2021.
(Signature)
(Print or type name)
Notary Public in and for the State of Washington
residing at
My commission expires
Page 5 of 5
BOCC AGENDA ITEM SUMMARY 1
Resolution: BOCC Meeting Date: Nov. 9, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving an amendment to an Interagency Agreement with Washington State Department of
Transportation (WSDOT) regarding use of radio communication sites and authorizing signatures
thereon
Contact: Martin Roy Phone: 1183
Department: PW - Public Works
Description:
Lewis County and the Washington State Department of Transportation (WSDOT) share radio
communication sites throughout Lewis County. The sites are commonly referred to as the Hopkins
Hill Radio Site, Dog Mountain Radio Site, Bennett Road Stockpile, and Lewis County Courthouse
Radio Tower. To extend the shared use of these sites WSDOT and Lewis County desire to enter into
an Amended Interagency Agreement. This resolution would approve the Amended Interagency
Agreement that will extend the shared use of those sites until August 31, 2026 and authorize the
Chair of the Board of County Commissioners to sign the amended agreement.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Josh Metcalf, Tim Fife, Sadie Rockey, Martin
Roy, Scott Smitherman