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INTERLOCAL COOPERATION AGREEMENT BETWEEN
THE CITY OF MOSES LAKE AND
GRANT COUNTY PUBLIC WORKS DEPARTMENT
REGARDING THE MAINTENANCE OF VALLEY ROAD AND PATTON
BOULEVARD
SECTION 1. PARTIES
This Interlocal Agreement ("Agreement") is entered into by and between the CITY OF MOSES
LAKE, a municipal corporation of the State of Washington ("City"), P.O. Box 1579, Moses
Lake, WA 98837, and GRANT COUNTY, duly organized and operating under and by virtue of
the Constitution and the laws of the State of Washington ("Grant County") for the mutual
provision of certain public works services.
SECTION 2. RECITALS
WHEREAS, the City of Moses provides municipal services to residents of the City; and
WHEREAS, the Grant County Public Works Department provides municipal services to
residents of Grant County; and
WHEREAS, these Agencies desire to formalize an operational framework that will
encourage and promote the coordination and usage of the facilities and resources of both entities;
and
WHEREAS, pursuant to the powers accorded to Counties by Chapter 39.34 RCW, Grant
County possesses the authority and desire to execute an intergovernmental cooperation
agreement for this purpose;
NOW, THEREFORE, in consideration of the mutual benefits of this agreement, the
parties agree as follows:
SECTION 3. TERMS AND CONDITIONS
THIS AGREEMENT is written for the responsibilities of maintenance of Valley Road and
Patton Boulevard, detailing the verbal agreements the City of Moses Lake and Grant County
have been using.
3.1 The City of Moses Lake agrees to:
Maintain the full -width travel roadway of Valley Road between Paxson Drive and Crestview
Drive by patching, paint striping, street cleaning, snow and ice control, and maintaining the
traffic signal (flashing light) at the intersection of Valley Road and Airway Drive. (See Exhibit
1)
3.2 Grant County agrees to:
Maintain the full -width portion of the travel roadway of Patton Boulevard within the city limits
lying north of Craig Boulevard and south of Randolph Road by patching, maintaining shoulders,
paint striping, and snow and ice control as needed. (See Exhibit 2)
SECTION 4. FINANCING AND ADMINISTRATION
Each party will be responsible to finance their responsibilities under the Agreement. The
administrators for each party's responsibilities are the Grant County Public Works Director for
Grant County and the Municipal Services Director for the City.
SECTION 5. EMPLOYMENT
No agent, employee, servant, or representative of the City shall be deemed to be an
employee of Grant County for any purpose and no employee of Grant County shall be deemed an
employee of the City.
SECTION 6. INDEMNIFICATION
6.1 Each party agrees to and shall defend, indemnify, and hold harmless the other
party, its officials, officers, agents, and employees from and against any and all claims, losses,
damages, judgments, or liabilities of whatever nature, including any portion thereof, arising from
or related to the indemnifying party's acts, omissions, or performance under this Agreement. It is
the intent of the parties that each party be responsible for its own actions occurring under this
Agreement.
6.2 This section shall survive termination of this Agreement.
SECTION 7. INSURANCE
Each entity shall obtain and maintain personal injury and property damage liability
insurance in an amount not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00).
SECTION 8. DURATION
This Agreement shall become effective commencing thet=day of �2022, and shall
continue in effect through the day of D OC_, 2027.
SECTION 9. TERMINATION
Either agency may terminate this Agreement, with or without cause, upon ninety (90)
days written notice to the other party.
SECTION 10. NOTICE
Any notice required to be given by either party to the other shall be deposited in the
United States mail, postage prepaid, addressed to the COUNTY at:
Grant County Public Works
Public Works Director
124 Enterprise St SE
Ephrata, WA 98823
Or to the CITY, at:
City Clerk
City of Moses Lake
PO Box1579
Moses Lake WA 98837
Or at such other address as either party may designate to the other in writing from time to time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United States mail in the
manner prescribed herein. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other legal
process.
SECTION 11. DISPUTE RESOLUTION
In the event of any dispute or difference arising by reason of this Agreement or any
provision or term thereof or the use of and/or payment for any facility for the purpose of this
Agreement, and prior to initiation of any litigation, the dispute or difference shall be resolved
jointly by Grant County's Public Works Director or County Engineer and Municipal Services
Director. A party must envoke the dispute resolution clause in writing and notify Grant County
Public Works Director, if initiated by the City, or the Municipal Services Director, if initiated by
the County. The parties agree time is of the essence in resolving such disputes and differences.
All disputes and differences shall be addressed within 30 days of the other party's receipt of
notification unless the parties agree to extend the time.
Formal notification to initiate litigation shall be in the form of Certified Letter to the
Grant County Public Works Director, if initiated by the City, or the City Manager, if initiated by
the County.
SECTION 12. APPLICABLE LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Washington. Any litigation arising out of this Agreement shall be submitted to the Superior
Court of the State of Washington for Grant County, or in the case of a federal action, in the
United States District Court for the Eastern District of Washington at Spokane, Washington..
SECTION 13. THIRD -PARTY BENEFICIARIES
There are no third -party beneficiaries to this Agreement, and this Agreement shall not be
interpreted to create such rights.
SECTION 14. INTEGRATED AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement of the parties, and may be amended at
any time in writing by mutual agreement.
SECTION 15. INVALIDITY
Any provision of this Agreement which shall prove to be invalid, void or illegal shall in
no way affect, impair or invalidate any of the other provisions hereof and such other provisions
shall remain in full force and effect despite such invalidity or illegality.
SECTION 16. GENERAL PROVISIONS
16.1 This Agreement shall be effective upon the duly -authorized signatures of the
parties' representatives.
16.2 This agreement supersedes all prior interlocal agreements between the parties.
IN WITNESS WHEREOF, The City of Moses Lake and Grant County have executed this
agreement as of the date and year last written below.
Executed this day of 2022 Executed this 24 day of Feb , 2022
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
CITY OF MOSES LAKE, WASHINGTON
Allison Williams, City Manager
Approved As To Form:
Rebekah M. KayfKr WSBA No. 53 57
Chief Civil Deputy Prosecuting Attorney
Date: 2
ILA BETWEEN CITY OF MOSES LAKE AND
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