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HomeMy WebLinkAboutAgreements/Contracts - BOCCGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: Administrator DATE: 4/15/26 REQUEST SUBMITTED BY: Tom Gaines CONTACT PERSON ATTENDING ROUNDTABLE: Tom Gaines CONFIDENTIAL INFORMATION: ❑YES ®NO PHONE: 3276 ®Agreement / Contract ------------- ❑AP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees ❑ Budget ❑Computer Related ❑County Code El Emergency Purchase ❑Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders ❑ Grants — Fed/State/County ❑ Leases ❑ MOA / MOU ❑Minutes ❑Ordinances ❑Out of State Travel ❑Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑ Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB W Wk Request signature on Inter local Agreement between the County and the City of Moses Lake. Moses Lake becomes lead agency for environmental impact survey for a new lake crossing. No cost to the County, agreement expires in three years if no action is taken. If necessary, was this document reviewed by accounting? ❑ YES 0 NO If necessary, was this document reviewed by legal? 0 YES ❑ NO DATE A-1 • • `� • ' CONTINUED TO: APPROVE: DENIED ABSTAIN D1: 611 D2: D3: 4/8/24 MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT This MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT (the "Agreement") is made pursuant to RCW 39.34 et seq. between the following parties: The City of Moses Lake, a Washington municipal corporation (the "City"); and Grant County, a Washington municipal corporation (the "County"); The City and the County are individually a "Party" and collectively the "Parties;" WHEREAS, the Parties are in the, process of investigating the feasibility of the construction of an additional bridge across Moses Lake (the "Project"); WHEREAS, such a Project would allow vehicles to travel between Interstate 90, and State Route 17 on the north end of the City, without the need. to travel through the City's center; WHEREAS, the Project location is likely to be outside of the City's jurisdictional boundary and inside of the County's jurisdictional boundary; WHEREAS, likely lake crossing locations directly impact the City of Moses Lake, including freight mobility, commuter traffic, and emergency response routes; WHEREAS, the Parties recognize the continued importance of cooperating on the Project because it would improve emergency responses and support commerce and economic growth opportunities for each of the Parties, and cooperation would result in cost efficiencies; WHEREAS, a strategic next step is to proceed with the public process of producing an Environmental Impact Statement to study and evaluate lake crossing locations and their potential impacts; and WHEREAS, given the direct impact on the Moses Lake community, the City of Moses Lake is willing to serve as Lead Agency in conducting the EIS, including obtaining grant funding, contracting directly with consultants to perform the work, engaging the public, and working with the various regulatory agencies and other affected stakeholders; NOW, THEREFORE, in consideration of the mutual obligations and benefits herein, the Parties agree as follows: 1. Purpose and Scope of Work. The purpose of this Agreement is to formalize a commitment to the Project wherein the Parties agree to work cooperatively with each other regarding the Project. This cooperation will include, without limitation, mutually determining a preferred lake crossing location by conducting and approving Environmental Impact Statement (hereinafter, "EIS") under the State Environmental Policy Act ("SEPA") and the National Environmental Policy Act (NEPA), and d6voting staff time thereto. 2. Grant Applications. The City of Moses Lake will be designated as the "Lead Agency", with Grant County being the "Non -Lead Agency." The Lead Agency will submit applications for grant funding to pay for the EIS. MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT 2.1 Grant Application Support. The Non -Lead Agency shall reasonably provide letters of support for applications, grant submission information, Project approvals, data, and any other documents or support necessary for the Lead Agency's application process for grants. The Non -Lead Agency shall fund its respective costs for this grant application support. 2.2 Failure to obtain Grant Funding. In the event grant funding is not obtainable, this Agreement shall automatically terminate. 3. Grant Administration and Project Management. If grants are awarded for the EIS, the Lead Agency shall be the recipient of the EIS project grants, administer all EIS project grants on behalf of itself and the Non -Lead Agency, and ensure funds are used in accordance with all program requirements as set forth in the grant contract(s). The Lead Agency shall be the contact for all communications and billings with the agency(ies) funding the EIS project grant(s). The Lead Agency will be responsible for management of the EIS process. 3.1 Grant Coordination. The Parties will reasonably cooperate in administering any EIS project grants. Notwithstanding the foregoing, the City shall indemnify and hold harmless the County from any and all financial liability concerning the City's administration of the grant funding. 3.2 .Public Process. The Parties shall partner to develop a public information and notification program related to EIS activities. The Parties shall coordinate communications pertaining to the Project to the public. 4. Reporting. The Moses Lake City Manager or designee will provide periodic (at least twice yearly, and upon reasonable request) progress reports to the elected officials of each Jurisdiction. 5. Scopling Phase of the EIS. During the Scoping phase of the Environmental Impact Statement (EIS), the Parties shall collaboratively define and agree- upon the project's scope, identifying the specific range of reasonable lake crossing alternatives and environmental elements to be analyzed in accordance with applicable law. 6. Final Approval of the Environmental Impact Statement. Upon completion of the EIS, the governing boards both Parties (i.e., the City Council and the Board of County Commissioners) will meet to mutually agree upon the preferred location of the lake crossing. Upon mutual agreeance, both Parties will adopt the EIS and formally accept the preferred lake crossing location. In the event the Parties do not agree on the preferred lake crossing location, Grant County (i.e., the Non -Lead Agency) will determine the preferred location, provided that the crossing location alternatives are located in unincorporated Grant County on both sides of the Lake. In the event there is no feasible location, this Agreement shall automatically terminate. 7. Notice. Any notice under this Agreement shall be sent, postage pre -paid, by regular mail, or delivered personally. Any notice so posted shall be deemed received two (2) business days after the date of mailing. Notices shall be mailed or delivered to the following persons at the following addresses: 2 MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT GRANT COUNTY Commissioner's Office, 206 35 C St NW' PO Box 37 Ephrata, WA 98823 CITY OF MOSES LAKE City Manager 401 S. Balsam Street PO Box 1579 Moses Lake, WA 98837 8. Independent Governments — No Liability. Each Party is and shall remain an independent government. This Agreement does not create a partnership or other similar arrangement. The Parties shall not be liable for the acts or omissions of the other Party or its respective public officials, employees, or agents. No agent, employee or representative of any Party shall be deemed to be an agent, employee, or representative of any other Party for any purpose, and the employees of a Party are not entitled to any of the benefits the other Party provides to its employees. Pursuant to RCW 39.34.030(3)(b), this Agreement does not create a separate legal or administrative entity other than specifically provided in this Agreement. 9. Liability. Each Party shall be responsible for the wrongful or negligent actions of its respective public officials, employees, or agents while engaged in the performance of duties under this Agreement as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. 9.1 County's Indemnification of City. The County shall indemnify, defend and hold the City harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys' fees and disbursements, that the City may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on, about or around the Project Area due to or arising out of the County's performance of this Agreement, but only to the extent such accidents, damages or injuries are due to any negligent or wrongful act or omission of the County; or (ii) any breach or Default (as such term is defined in Section 10.1 below) by the County under this Agreement. 9.2 City's Indemnification of County. The City shall indemnify, defend and hold the County harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys' fees and disbursements, that the County may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on or around the Project during the term of this Agreement, but only to the extent the same are caused by any negligent or wrongful act of the City; or (ii) any breach or Default (as such term is defined in Section 10.1 below) of the City under this Agreement. 9.3 Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions of Section 9.1 and Section 9.2 above are specifically intended to constitute a 40 waiver of each party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 3 MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT 10. Term of Agreement. The term of this Agreement shall c , ornmence upon execution by the Parties and shall continue for three (3) years from that date, unless otherwise terminated by mutual agreement evidenced by a writing signed by the Parties. As Lead Agency and administrator of this Agreement, the City may terminate this Agreement for convenience by providing sixty (60) day's prior written notice to the Non -Lead Agency. 11. Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 12. Default and Remedies 12.1 Default. If either Party fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non- performing party. The non -performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non- performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non -performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion. 12.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 12.1 above, the non -Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 13. Amendment. No modification or amendment of this Agreement may be made except by a written document signed by the Parties. 14. Counterparts and Electronic Transmission. This Agreement may be signed in counterparts. Electronic transmission of any signed original document and retransmission of any signed electronic transmission shall be the same as delivery of an original document. 15. Governing Law. This Agreement and the rights of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Washington, and the Parties agree that in any such action, jurisdiction and venue shall lie exclusively in Kittitas County, Washington. 16. No Third -Party Beneficiaries. There are no third -party beneficiaries to this Agreement. 17. Interpretation. Each Party has participated in drafting this Agreement and has had this Agreement reviewed by legal counsel. Therefore, any language therein shall not be construed against any Party on the basis of which Party drafted the particular language. 18. Entire Agreement. This Agreement contains all of the understandings between the Parties. Each Party represents that no promises, representations, or commitments have been made by others as a basis for this Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon any Party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a written modification to this Agreement executed by both Parties. E41 MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT 19. . This Agreement shall be filed with the Grant County Auditor, or listed on a public agency's website, pursuant to RC W 39.34.040. CITY OF MOSES LAKE Rob Karinsey, Moses Lake City Manager Date: ZA DATED this ��d a y of 0#1 ri 0 U '0 0#000**0040 - %069 Lu —Ath . itr Se co z-, \ I F T0% 0 ATTEST: aitliin Manell Clerk of the Board Approv to form: 2026. Yea Nay Abstain Tpdvor Seder, I,< ,pivil Deputy Pr//secuting Attorney aelel 0 Cl 1 01 0 5 BOARD OF COUNTY COMMISSIONERS Grant County, Washington - 61 Kevin R. Burgears, dhair a,toc.. S.{--d Rob Jones, Vice -Chair Cindy Carte `4Mernber