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INTRODUCED BY: WARNER
PROPOSED BY: Public Works Dept.
DATE INTRODUCED: August 6, 1987
RESOLUTION NO. 87-36
A RESOLUTION AUTHORIZING THE COUNTY EXECUTIVE TO
ENTER INTO AN INTERLOCAL AGREEMENT BY AND BETWEEN
WHATCOM COUNTY AND THE LUMMI INDIAN BUSINESS COUNCIL
IN ACCORDANCE WITH RCW 39.34.030 SUBSECTION 2.
WHEREAS, the Whatcom County Department of Public Works desires to enter
into a contract with the Lummi Indian Business Council to perform reimbursable
work and provide materials and equipment for said work on county rights -of -way
and facilities; and
WHEREAS, the Lummi Indian Business Council does have available resour-
ces to provide for the labor, materials and equipment rental on a reimbursable
basis; and
WHEREAS, Whatcom County desires to perform certain reimbursable work
and provide the materials and equipment for work upon Indian trust lands; and
WHEREAS, Whatcom County has available resources to provide said labor,
equipment and materials on a reimbursable basis;
NOW, THEREFORE, BE IT RESOLVED that the County Council of Whatcom
County, Washington, hereby authorizes the County Executive to enter into an
interlocal agreement by and between Whatcom County and the Lummi Indian Business
Council for the purpose of providing labor, materials and equipment for work
upon Indian trust lands on a reimbursable basis.
PASSED this 6th day of Auaust 1987•
ATTEST:
Carol Ebergson
Clerk of the Council-
APPROVED AS TO FORM:
Randall J. Watts, Chief Civil
Deputy Prosecuting Attorney
RESOLUTION
date drafted: 7/31/87
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
TOK BURTON
Chairperson
INTERAGENCY AGREEMENT
THIS AGREEMENT, made and entered into this a-IA day of
1,j!jj9cgj , by an between the Lummi Indian Business Council, a
Fed rally reconized Indian Tribal Government, hereinafter referred to
as "THE LUMMIS", and WHATCOM COUNTY, a municipal corporation duly
organized and existing by virtue of the laws of the State of
Washington, hereinafter referred to as "THE COUNTY ".
W I T N E S S E T H:
WHEREAS, THE LUMMIS requests THE COUNTY to perform reimbursable
work, provide materials and equipment rental for work on roads and
facilities as requested by THE COUNTY during the 1989 i calendar year
period AU61 -198q through pr-c,31 1988 and
WHEREAS, THE COUNTY has available resources to provide said work,
materials and equipment on a reimbursable basis at the convenience of
THE COUNTY;
IT IS NOW, THEREFORE, agreed as follows:
1. THE COUNTY will perform work, provide materials and
equipment rental for work on roads and facilities as requested to be
reimbursed by THE LUMMIS to THE COUNTY at the actual costs incurred by
THE COUNTY for said work, materials and equipment rental; and
2. In addition thereof, then ten percent (10 %) of the total
cost shall be added for overhead costs for, accounting, billing, and
administrative services. THE LUMMIS shall submit to THE COUNTY a
certified statement of the costs and within thirty (30) days
thereafter THE COUNTY shall pay to THE LUMMIS the amount of said
statement.
3. No work will be performed until both parties have mutually
agreed in writing to the costs of labor, equipment and materials. The
agents for this written agreement will be the Whatcom County Public
Works Maintenance and Operations Superintendent and Lummi Tribal
Business Council Public Works Director.
4. THE LUMMIS shall protect, defend, save harmless and
indemnify THE COUNTY from and against all claims, suits and actions
arising from negligent acts or omissions of THE LUMMIS or authorized
subcontractors, or the agents, or employees of either in the
performance of this Agreement.
THE COUNTY shall protect, defend, save harmless and
indemnify THE LUMMIS from and against all claims, suits and actions
arising from negligent acts or omissions of THE COUNTY or authorized
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subcontractors, or the agents or employees of either in the
performance of this Agreement.
5. Non - discrimination in employment and client services:
During the performance of this Agreement, THE LUMMIS agrees that no
person shall, on the grounds of race, creed, color, national origin,
sex, marital status, age, religion, or the presence of any sensory,
mental or physical handicap, be excluded from full employment rights
of THE COUNTY. Neither shall THE LUMMIS discriminate against any
employee or applicant for employment for the above reasons: provided,
the prohibition against discrimination in employment because of
handicap shall not apply if the particular disability prevents the
proper performance of the particular work involved.
6. Controlling Law: This Agreement has been and shall be
construed as having been made and delivered with the State of
Washington, and it is mutually understood and agreed by each party
hereto that this Agreement shall be governed by the laws of the State
of Washington, both as to interpretation and performance.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and first above written.
ATTEST:
APPROVED AS TO FORM:
i
LUMMI INDIAN BUSINESS COUNCIL
'� y "0 -'0
Business Agent
WHATCOM COUNTY, WASHINGTON
County Execu ve
C vil Dep t -ProsL5cuting Attorney
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APPROVED;
JUL 2 91987
w us 'ng
INTERGOVERNMENTAL CONSTRUCTION AGREEMENT
BUREAU OF INDIAN AFFAIRS, PUGEl SOUND AGENCY
DEPARTMENT OF THE INTERIOR, AND,
WHATCOM COUNlY
This Agreement, made and entered into this day of
, 1987, between Whatcom County, a political
subdivision of Washington State, hereinafter called the "COUNTY",
and the Bureau of Indian Affairs, a federal agency, hcreinafter,
called the "BIA".
WHEREAS, a portion of Roberts Road between Goshen Road and
Martin, also a portion of Martin Road extending easterly from
Roberts Road, located within the boundarics of the Nooksack
Public Domain, Whatcom County, Washington, has been maintained by
Whatcom County as a county road, and
WHEREAS , the BIA is planning now cons t ruc ti on and/or
reconstruction of sections of this Indian reservation road undcr
the direction of the BIA at federal expense, and
WHEREAS, upon completion of the construction/rcconstruction
of this road, ownership and maintenance is to become the
rcsponsibilitY of the COUNTY, and
WHEREAS, RCW 39.34, the Intcrlocal Cooperation Act,
authorizes multi-jurisdictional agreements for joint or
cooporative action by and among public agencies, NOW, THEREFORE,
IT IS MUTUALLY AGREED AS FOLLOWS:
I. EUEEOSE
II.
The purpose of this agreement is to providc for BlA
construction, reconstruction, and improvemznt of sections
of the county-maintained road located within the boundaries
of the Nooksack-Indian Reservation and to describe the
division of responsibility of the BIA and the COUNTY in the
ownership, maintenance, and future improvement of the
roadway.
This agreement shall be effective upon signature of the
parties. It is anticipated that BIA construction
activitios will be completed, CDUNTY acceptance obtained,
and right-of-way
ownership transferred to the COUNTY on or bcforc 31st of
December 1988.
III. ly TJ BIA
1. The BIA will be the project administering agency.
2. Prior to commencement of any construction activities,
the BIA will notify the COUNTY in writing that it will
assume jurisdiction of the road and relieve the COUNTY
from all responsibility for the operation, maintcnancc, and
reconstruction of the roadway until BIA construction
activities are complctcd.
3. The BIA will porform construction work in accordance
with the plans and specifications attached to this
agreement as Exhibit A, and by this reference made part of
this agreement. All work will be done in accordance with
applicable federal and state laws, rules and rogulations,
including, but not limited to, rzgulations governing Indian
reservation roads, 25 C.F.R., Chapter 1, part 170, and thc
regulations of the U.S. Secretary of Transportation and
Federal Highway Administration applicable to federal aid
Indian road system projects and the state "Design Standards
for Roarranged County Roads, Intersections, Ramps, and
Crossings, WAC 468-18-040.
4. Upon completion of construction and/or reconstruction
of the road facilities, the BIA will contact the following
representative of the COUNTY: Edwin Hcnken, P.E., County
Engineer, Department of Public Works, Whatcom Count
Courthouse, Bellingham, WA 98225, phone
ext. , and arranqe for a joint inspection by
representatives of the BIA and COUNTY to determine whether'
the requirements of this agreement have buen fulfilled.
5. The BIA will obtain any necessary right-of-way grants
pursuant to the procodures of 25 C.F.R., Chapter 1, part
169, and will obtain any necessary tribal consent or public
dedication from the Nooksack Tribe.
6. After completion of construction by the BIA and COUNlY
acceptance, the BIA will notify Lhe COUNTY in writing of
its intent to transfer ownorship and Jurisdiction of all
roadway features as shown in the attached plans, markod
Exhibit A.
7. Following the notice of transfer of ownership and
jurisdiction, the BIA will furnish the COUNTY a recorded
conveyance of the roadway features indicated in EXHIBIT A,
as follows:
Red areas indicate rights-of-way to be conveyed to Whatcpm
County in fee simple.
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Blue areas indicate easoments to be conveyod to the COUNTY.
S. The BIA will obtain all necessary Sccrotary of the
Interior approval and Nooksack Tribal consunt for the
convoyance of ownership of tho right-of-way.
9. All costs of construction, reconstruction, and
improvements to the roadway facilities including, but not
limited to, design, right-of-way acquistion, and
construction activities, shall be the responsibility of the
BIA. The project shall be a BIA project for the benefit of
the BIA and the Nooksack.
IV. RESPONSIBILITIES OF THE MUM
1. The COUNTY agrees to permit the BIA temporary use of
all COUNTY right-of-way and COUNTY facilities needed for
construction/reconstrgction activities of the roadway
facility.
2. Upon notification i of construction by thc
8IA, the COUNTY will make available a ropresentative to
inspect the construction, rcconstruction, and improvomcnts
of the road facility.
/OWL ANApo`
i/ Lhu WUNTY fmols the
sAt1sfactopy, then tAvcu MUM will prmvidc the 81/4 a lutter
accepting the roadway facilitics.
4. After acceptanca of t|»u facilitias as saLisfactory, thu
COUNTY agraus to accupt ownerShip of the CoomLructed,
recoratrurted, or rearran «»o COUNTY roads, frmntago roads,
cuC-de-aaca' and other f«water~pe"
5. The COUNTY will assume dwner~ship of the right-of-way,
includime access control amd rompo"sjbility for the
operation, maintenance, and future improwemomts to thc/
roadway faci\itioas°
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1° The COUNTY hcreby grants the BIA purmission to enter,
upon any COUNTY property, right-of-way or roadway
facilities for the purpose of parformmima the work
contemplated by this pak`m*ememt.
VI.
Termination of this agreement for cause shall be made in
writing with the concurrence of both parties.
IN WITNESS WHEREOF, the-parties hereto have executed this
agreement on the day and year first written above.
.`
A BUREAU OF INDIAN AFFAIRS
By:
Director Authorized Representative of
Whatcom Count Department of Secretary of Interior
Public Works William A. Black; Superintendent
Puget Sound Agency
WHATCOM COUNTY
By:___^______
County Executive
Approved as to form only:
Deputy ProsecL !inq Attorney
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