Contract - 04-11-2017 - 8673 - County and City of Woodland Interagency Agreement.AS -8673 Motion Items 3.
BOCC Agenda
Meeting Date: 04/11/2017
County and City of Woodland Interagency Agreement
Submitted For: Deanna Wells, 911 Communications Center
Submitted By: Deanna Wells, 911 Communications Center
Department: 911 Communications Center
Information
Subject and Summary Statement
Cowlitz County 911 and the City of Woodland are requesting approval by the BOCC to enter into an
Interagency Agreement, for the sole purpose of clearing a radio microwave path between two public
safety sites. The property at 130 Scott Hill Rd, Woodland, WA. is owned by the City of Woodland and the
interagency agreement between the County and the City will allow Cowlitz County 911 authority to
contract with a vendor to remove and replant trees that obstruct the microwave signal between the
property and the Davis Peak tower site. Anticipate the cost will be around $4,500 to remove
approximately 10 trees. City of Woodland will issue a Right of Way permit for $50.
Will Staff Attend Y / N
yes
Department Recommendation
The Cowlitz County 911 Director Wells recommends the BOCC approve the agreement which will be
effective immediately and terminate on December 31 st, 2017 unless terminated sooner, for the purpose
of clearing the microwave path between two sites which allow for public safety radio communications in
Woodland, Kalama, and east of Woodland.
Attachments
City of Woodland
Doug Jensen
and County
Dana Gigler
Interagency
Matt Hanson
Agreement
Tiffany Ostreim
Form Started By: Deanna Wells
Final Approval Date: 04/04/2017
Attachment A of Woodland County Interagency Agreement
Inbox Reviewed By
Doug Jensen Doug Jensen
Dana Gigler Dana Gigler
Matt Hanson Matt Hanson
Clerk of the Board Tiffany Ostreim
Form Started By: Deanna Wells
Final Approval Date: 04/04/2017
Form Review
Date
04104/2017 09:18 AM
04104/2017 09:30 AM
04/04/2017 12:39 PM
04/04/2017 04:32 PM
Started On: 04/03/2017 04:23 PM
Interagency - Cowlitz No.
INTERAGENCY AGREEMENT BETWEEN
COWLITZ COUNTY AND CITY OF WOODLAND
THIS AGREEMENT is made and entered into by and between COWLITZ COUNTY,
hereinafter "County" and CITY OF WOODLAND, hereinafter "City ".
IT IS THE PURPOSE OF THIS AGREEMENT to provide:
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The County shall furnish the necessary
personnel, equipment, material and /or
service(s) and otherwise do all things
necessary for or incidental to the performance
of the work set forth in Attachment "A"
attached hereto and incorporated herein, and
the City shall furnish the necessary
permissions and approvals, also set forth in
the Attachment.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of
performance of this Agreement shall
commence on execution, and be completed
on December 31, 2017, unless terminated
sooner or extended, as provided herein.
PAYMENT
Compensation for the work provided in
accordance with this Agreement has been
established under the terms of RCW
43.09.210. The parties have determined that
the cost of accomplishing the work herein is
addressed in the Attachment.
MODIFICATIONS AND AMENDMENTS
This Agreement may be changed, modified
or amended by separate written agreement
executed by both parties.
ASSIGNMENT
The work to be provided under this
Agreement, and any claim arising thereunder,
is not assignable or delegable by either party in
whole or in part, without the express prior
written consent of the other party, which
consent shall not be unreasonably withheld.
DISPUTES
In the event that a dispute arises under this
Agreement, it shall be determined by a Dispute
Board in the following manner: Each party to
this Agreement shall appoint one member to
the Dispute Board. The members so appointed
shall jointly appoint an additional member to
the Dispute Board. The Dispute Board shall
review the facts, agreement terms and
applicable statutes and rules and make a
determination of the dispute. The Dispute
Board shall thereafter decide the dispute with
the majority prevailing. The determination of
the Dispute Board shall be final and binding on
the parties hereto.
GOVERNANCE
This Agreement is entered into pursuant to
and under the authority granted by the laws of
the state of Washington and any applicable
federal laws, with state venue in Superior
Court of Cowlitz County. The provisions of this
Agreement shall be construed to conform to
those laws.
In the event of an inconsistency in the terms of
this Agreement, or between its terms and any
applicable statute or rule, the inconsistency
shall be resolved by giving precedence in the
following order:
a. Applicable state and federal statutes
and rules;
b. Statement of work; and
C. Any other provisions of the
agreement, including materials incorporated by
reference.
INDEPENDENT CAPACITY AND LIABILITY
The employees or agents of each party who
are engaged in the performance of this
Agreement shall continue to be employees or
agents of that party and shall not be
considered for any purpose to be employees
or agents of the other party.
Each party agrees to be responsible for the
liabilities arising out of the employment,
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conduct or omissions of its own officers,
agents and employees. Employees performing
duties under the direction and supervision of
one party are deemed for the purpose of this
agreement to be considered agents of that,
only, and not agents or employees of the other
party.
SEVERABILITY
If any provision of this Agreement or any
provision of any document incorporated by
reference shall be held invalid, such invalidity
shall not affect the other provisions of this
Agreement, which can be given effect without
the invalid provision if such remainder
conforms to the requirements of applicable law
and the fundamental purpose of this
agreement, and to this end the provisions of
this Agreement are declared to be severable.
Interagency - Cowlitz No.
Either party may terminate this Agreement
upon 30 -days' prior written notification to the
other party. If this Agreement is so terminated,
the parties shall be liable only for performance
rendered or costs incurred in accordance with
the terms of this Agreement prior to the
effective date of termination.
WAIVER
A failure by either party to exercise its rights
under this Agreement shall not preclude that
party from subsequent exercise of such rights
and shall not constitute a waiver of any other
rights under this Agreement unless stated to
be such in a writing signed by an authorized
representative of the parry and attached to the
original Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF WOODLAND, WASHINGTON COWLITZ COUNTY, WASHINGTON
A /' , /%a, BOARD OF COMMISSIONERS
Dated: `—/ Dated:
gency title: oe Gardner, Chairman
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Dennis Weber, Commissioner
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Arne Mortensen, Commissioner0rYNNGTON
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ATTEST: S CONTRACT FORM PREVIOUSLY
Tiff O r im, Clerk of Board
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APPROVED BY PROSECUTING ATTORNEY
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