HomeMy WebLinkAbout5.682 Original Contract
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RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
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2004 1138225 Clallam
County
DOCUMENT TITLE: rnterlocal Agreement
Regional Solid Waste Export
and Transfer System
Cooperation and Implementation
PARTIES: City of Port Angeles
Clallam County
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INTERLOCAL AGREEMENT REGARDING
REGIONAL SOLID WASTE EXPORT AND TRANSFER SYSTEM
COOPERA nON AND IMPLEMENTATION
THIS AGREEMENT is executed by and among Clallam County ("County") and
the City of Port Angeles (the "City") (the County and the City are collectively referred to
herein as "the Parties") for the purposes of providing for competitively-priced regional
solid waste export and transfer system facilities and services; promoting the health, safety
and welfare of the County's and City's residents; and protecting the natural environment
throughout the County. The Parties enter into this Interlocal Agreement ("Agreement")
effective as of the date set forth in Section 9(A) for the purposes and under the terms
contained herein.
WHEREAS, the Parties have cooperated in developing and implementing the
County's Comprehensive Solid Waste Management Plan ("the Plan") pursuant to
Chapters 35.21, 36.58 and 70.95 RCW on behalf ofthe County and the City; and
WHEREAS, the Plan recommends exporting solid waste to meet future disposal
needs of the residents, businesses, visitors and institutions within the City and the
County; and
WHEREAS, the Plan recommends using interlocal agreements to create the
institutional arrangements needed to implement the Plan; and
WHEREAS, the Plan recommends closing the Port Angeles Sanitary Landfill, the
only operating municipal solid waste landfill in Clallam County serving the area from
Lake Crescent eastward, as depicted in the map and legal description attached hereto as
Exhibit A, when it reaches capacity (projected by the end of 2006), and citing a transfer
station at the Port Angeles Sanitary Landfill, for the purposes of exporting solid waste for
final disposal after the landfill is closed; and
WHEREAS, in anticipation of the closure of the Port Angeles landfill and in
recognition of the absence of alternatIve local landfill sites, the Parties desire to cooperate
to provide for a Regional Solid Waste Export and Transfer System consistent with the
Plan; and
WHEREAS, by entering into an interlocal agreement providing for each Party's
cooperation, the Parties can more effectively and efficiently implement the Plan and
procure management of the Regional Solid Waste Export and Transfer System; and
7/23/2004
Page 1
WHEREAS, the Plan anticIpates that the Regional Solid Waste Export and
Transfer System facilities will be located at the current site of the Port Angeles Sanitary
Landfill, will be operated by the City of Port Angeles or a private company under
contract with the City of Port Angeles, and will be utilized by the City, County and by the
private solid waste collection companies that serve the City and unincorporated area of
the County from Lake Crescent eastward; and
WHEREAS, the City of Port Angeles has been responsible for accumulating
closure and post-closure funds as required by law for the Port Angeles Landfill; and
whereas the Parties intend for the Regional Solid Waste Transfer and Export System
funding arrangement to provide for any additional funds related to unmet or unanticipated
Port Angeles Landfill requirements provided, however, that this shall not make Clallam
County separately or individually obligated for liabilities arising from Port Angeles'
landfill site; and
WHEREAS, the Parties intend that a portion of the tipping fees for the Blue
Mountain Transfer Station be collected to continue to pay for the lease fee and upkeep
costs for this site presently being covered by the Blue Mountain Drop Box fees collected
by the County; and
WHEREAS, the Parties are authorized and empowered to enter into this
Agreement pursuant to Chapters 39.34 and 70.95 RCW.
THEREFORE, in consideration of mutual promises and covenants herein, and in
order to implement the terms of the County's Comprehensive Solid Waste Management
Plan, the Parties agree:
Section 1.
Definitions: Except for the terms defined in this section, and unless the context
indicates otherwise, for the purposes of this Agreement and any related
agreements, the Parties shall use the definitions found in RCW 70.95.030 and
WAC 173-350, as they may be amended.
"Agreement" means this interlocal agreement.
"City" means the City of Port Angeles, Washington.
"County" means Clallam County, Washington.
"Ecology" means the Washington State Department of Ecology or its successor
agency.
"Plan" means the Clallam County Comprehensive Solid Waste Management Plan
as amended in accordance with this Agreement.
7/23/2004
Page 2
"Solid Waste Advisory Committee" is an advisory committee whose members are
appointed by the County Commissioners to advise them on solid waste matters.
"Regional Solid Waste Export and Transfer System" means the facilities owned
by and/or contracted by, the City of Port Angeles, where deposit, processing,
recycling, compo sting, moderate-risk waste handling, and transfer of solid waste
for disposal through a long-haul contract occurs. This will include the Blue
Mountain drop-box site, facilities, and operations, unless the Board of Clallam
County Commissioners determines in its sole discretion at any time during the
term of this agreement that the Blue Mountain drop-box facilities should no
longer be operated.
7/23/2004
"Vendor" means either the City of Port Angeles or any company or person with
whom the City of Port Angeles contracts for any or all of the design, construction,
ownership, or operation of the Regional Solid Waste Export and Transfer System.
Section 2. Responsibilities of the County. The County shall:
A.
Process consideration of amendments to the Plan that are submitted by the
Joint Solid Waste Advisory Board to the Solid Waste Advisory Committee
to provide for disposal of all non-recyclable solid waste generated in the
unincorporated areas of the County from Lake Crescent eastward at the
Regional Solid Waste Export and Transfer System site(s) to the extent
permitted by law. The Regional Solid Waste Export and Transfer System
will be the only designated Export and Transfer System in the County East
of Lake Crescent for the term of this Agreement.
B.
Process consideration of amendments to the County's zoning code, solid
waste facility permitting process ordinance, and other applicable
ordinances to prohibit solid waste transfer and export facilities that are not
consistent with the Plan and to designate the Regional Solid Waste Export
and Transfer System as the County's solid waste system consistent with
the Plan and RCW 36.58.040, to the extent permitted by law.
c.
Make a good faith effort to negotiate and execute with Jefferson County
an interlocal agreement requiring each county to amend its comprehensive
solid waste management plan and other related ordinances and
agreements, to the extent permitted by law, to prohibit accepting waste
generated outside its boundaries at disposal sites within said county;
unless approved as an emergency.
D.
Consider forming a solid waste disposal district in the eastern part of the
County, to the extent it may become necessary to provide a dedicated
source of funds to help finance the capital and operations and maintenance
costs associated with the Solid Waste Export and Transfer System.
Page 3
E. Shall not construct or have constructed any municipal solid waste export
and transfer system in the eastern part of Clallam County without the
approval of the Joint Solid Waste Advisory Board.
F. Participate in developing the request for qualifications/proposals and
selecting the contractor(s), for designing, building and if appropriate
operating the Solid Waste Export and Transfer System facilities, disposal
services, and long haul services.
G. Appoint representatives to the Joint Solid Waste Advisory Board.
H. Negotiate and administer the land lease between the County and the
Washington Department of Natural Resources enabling the continuation of
drop box services at Blue Mountain.
1. Encourage recycling efforts to the maximum extent possible for yard
debris, special wastes, and CDL (construction, demolition, and land
clearing waste) programs to minimize the amounts of material for waste
export.
Section 3. Responsibilities of the City of Port Angeles. The City of Port Angeles
shall:
A. Conduct a procurement process for selecting one or more Vendors to
provide solid waste export and transfer system facilities, services to
operate the facilities if appropriate, disposal services, and long-haul
services consistent with the Plan;
B. In consultation and cooperation with the County, either provide itself, or
enter into and administer a contract with one or more Vendors for, solid
waste export and transfer system, and disposal services for the Parties
consistent with the Plan; and
C. In consultation and cooperation with the County establish a Joint Solid
Waste Advisory Board that will review policies, procedures, costs, rates
and will operate as an advisory group to the City of Port Angeles.
D. Provide administrative service related to the operation of the Regional
Solid Waste Export and Transfer System site(s) and long-haul service
including but not limited to:
1.
Act as custodian of the Regional Solid Waste Export and
Transfer System/landfill enterprise fund created under this
Agreement.
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Page 4
7/23/2004
2. Incorporate in its annual budget the budget for Regional
Solid Waste Export and Transfer System services under
this Agreement including, but not limited to revenues,
administrative costs of the Parties, direct costs, indirect
costs according to approved cost allocation plans, personnel
services, insurance and land leases.
3. For facilities that are operated by the City of Port Angeles
as part of the solid waste export and transfer system,
provide for administrative service including, but not limited
to personnel services and insurance.
E.
Provide a site at the existing site of the Port Angeles Sanitary Landfill for
the regional Solid Waste Export System facilities at no cost to the Parties.
F.
The Blue Mountain operations and facilities will be included in the
enterprise fund of the Regional Solid Waste Export and Transfer System
with consideration of increased service, if approved by the Joint Solid
Waste Advisory Committee.
G.
Direct solid waste collected within the City of Port Angeles (whether
collected directly by the City of Port Angeles or by a solid waste
collection company) to the Vendor selected through the procurement
process; take reasonable action to enforce such direction, including but not
limited to entering into a long term contract that requires disposal of solid
waste generated in the City of Port Angeles at the Regional Solid Waste
Export and Transfer System facilities; and if the City of Port Angeles
ceases to operate its own solid waste collection system, then the City shall
require that any contract with solid waste haulers provides that solid
waste hauled is disposed of at the Regional Solid Waste Export and
Transfer System facilities consistent with the Plan.
H.
Process consideration of an ordinance designating the Regional Solid
Waste Export and Transfer System as the City's solid waste system
consistent with the Plan and RCW 35.21.120, and amendments to the
City's zoning code and other applicable ordinances to prohibit solid waste
facilities that are not consistent with the Plan.
I.
Cooperate with the County in the formation of a disposal district to the
extent the district includes incorporated areas of the City of Port Angeles.
J.
Encourage recycling efforts to the maximum extent possible for yard
debris, special wastes, and CDL (construction, demolition, and land
clearing waste) programs to minimize the amounts of material for waste
export.
Page 5
Section 4. Responsibilities of additional parties. Additional parties to this
Agreement shall:
A. Direct solid waste (except yard debris and composting operations and
materials) collected within the jurisdictional area of the additional party
(whether collected directly by the additional party or by a solid waste
collection company) to the Vendor selected through the procurement
process; take reasonable action to enforce such direction, including but not
limited to entering into a long term contract with the City of Port Angeles
for disposal of solid waste generated in the jurisdictional area of the
additional party at the Regional Solid Waste Export and Transfer System
facilities; and if the additional party ceases to operate its own solid waste
collection system, then the additional party shall require that any contract
with solid waste haulers provides that solid waste hauled is disposed of at
the Regional Solid Waste Export and Transfer System facilities consistent
with the Plan; and
B. Cooperate in implementing Plan elements.
C. Adopt a resolution by the additional party's governing body approving the
designation of the Regional Solid Waste Export and Transfer System as
the additional party's solid waste system consistent with the Plan and
RCW 35.21.120, and amendments to the additional party's zoning code
and other applicable ordinances to prohibit solid waste facilities that are
not consistent with the Plan. The resolution and amendments to zoning
code and other applicable ordinances shall be made concurrent with or
prior to the additional party accepting an amendment to this Agreement to
include the additional party.
D. Cooperate with the County in the formation of a disposal district including
adoption of a resolution by the additional party's governing body
approving the district to the extent the district includes incorporated areas
of the additional party. The resolution shall be made concurrent with or
prior to the additional party accepting an amendment to this Agreement to
include the additional party.
E. Encourage recycling efforts to the maximum extent possible for yard
debris, special wastes, and CDL (construction, demolition, and land
clearing waste) programs to minimize the amounts of material for waste
export.
Section 5. Duration of Agreement: This Agreement shall be in full force and
effect from and after its effective date, as set forth in Section 9(A), and shall
remain in force for 20 years from the date the Regional Solid Waste Export and
Transfer System first commences commercial operations. Any changes to this
Agreement must be agreed upon by all Parties. This Agreement shall
7/23/2004
Page 6
,
automatically be extended for a period of five (5) years unless notice is given by
any Party to the other parities within eighteen (18) months prior to the expiration
of the original twenty (20) year term, and in writing, that they do not desire to
extend the agreement.
Section 6. Governance and Rates.
A. Joint Solid Waste Advisory Board: A Joint Solid Waste Advisory Board
(JSW AB) shall be established. The Board will be composed of staff from
the Parties to this Agreement. The Board will act as an advisory
committee to the Port Angeles City Council, the Clallam County Solid
Waste Advisory Committee and others as necessary. Although Clallam
County and the City of Port Angeles may each be represented by multiple
members on the JSW AB in accordance with 6(B), each Party shall only be
entitled to a single vote on recommendations to the Port Angeles City
Council, the Clallam County Solid Waste Advisory Committee and others
as necessary.
B. Membership Body: The JSW AB shall consist of the following members:
(1) Director of Public Works Clallam County, (2) Director of Public
Works and Utilities City of Port Angeles, (3) Solid Waste Superintendent
City of Port Angeles, (4) Utilities Division Manager or designee from
Clallam County. The Board shall draw upon other staff members from the
agencies as necessary and appropriate to assist is carrying out its duties.
C. Officers and Procedures: The JSW AB shall select a chair and such other
officers as deemed necessary to conduct business. The Board shall adopt
rules and procedures it deems necessary for the proper and efficient
conduct of its business.
D. Meetings: The JSW AB shall be responsible to fix a time and place for its
meetings.
E. Powers and Duties: The JSW AB shall have the following powers and
duties:
1.
Make recommendations for the management and operation
of the Regional Solid Waste Export and Transfer System
operated under this Agreement.
2.
Submit budget recommendations to the participating
jurisdictions for action.
3.
Review and recommend fees and charges and for services
related to disposal, operation of facilities, transfer and
disposal of solid waste associated with the Regional Solid
7/23/2004
Page 7
Waste Export and Transfer System, and for disposal
districts.
4. Review and recommend amendments to the Plan to the
Solid Waste Advisory Committee. Review and recommend
amendments to this Agreement to the Parties of this
Agreement.
F. Enterprise Fund: There shall be maintained an enterprise fund separate
from all other funds within the City of Port Angeles into which revenues
received from the Parties to this Agreement, fees, charges, and any other
revenues associated with the operation and management of the Regional
Solid Waste Export and Transfer System shall be deposited. This fund
shall be part of the City of Port Angeles annual budget and administered in
accordance with the City budget regulation and guidelines. Expenditures
from the fund shall be made only for the Solid Waste Export and Transfer
System and landfill projects and closure and post closure costs not
captured during the operation of the landfill activities, including actual
administrative costs of the Parties pursuant to their obligations under this
agreement, the comprehensive solid waste plan, state and federal laws.
G. Costs: The costs of solid waste disposal and management of all Parties to
this Agreement not otherwise reimbursed shall be included in the
operation of the enterprise fund. These costs shall include, but not be
limited to, operation of transfer sites, long haul, recycling operations,
composting, capitalization of facilities and equipment, administrative
costs, planning, and other costs directly related to regional Solid Waste
Export and Transfer System/Landfill operations. The JSW AB shall
determine inclusive costs which shall be fair, reasonable and equitable to
all Parties of this Agreement when making budget recommendations to the
City of Port Angeles City Council.
H. Fees and Charges: Fees for disposal shall be fair, reasonable and equitable
and shall be applied equally throughout the jurisdiction of all participating
Parties at the Port Angeles regional site. Fees shall be determined based
on the cost of service and may be set in various amounts based on
differences in waste types, the type of facility receiving that waste,
commercial and self-haulers, and for any other fair, reasonable and
equitable reason permitted by law. A separate fee structure may be
developed for the Blue Mountain site, which shall be sufficient to cover all
costs associated with operation of the Blue Mountain site. A surcharge or
higher rate may be charged for solid waste collected within jurisdictions
that are not signatories to this Agreement.
Section 7. Access to Records: Duly authorized representative of the Parties to this
Agreement shall have the right to inspect the records of the JSW AB and the
7/23/2004
Page 8
7/23/2004
accounts and records of the City of Port Angeles relating to solid waste disposal
and transfer operations at any reasonable time.
Section 8. Assets and Liabilities: On termination of this Agreement, any assets
owned separately by a Party shall remain the property of that Party. In entering
into this Agreement, no Party assumes liability for the actions or activities of the
other, except as provided by law or as may be agreed by the Parties.
Section 9. Miscellaneous Provisions
A.
Effective Date: This Agreement shall take effect the first date on which all
Parties have taken all necessary action to authorize and execute this
Agreement.
B.
Amendment. This Agreement may be amended only in writing and only
by agreement of all Parties except as set forth in this section. The Parties
hereby agree that this Agreement may be amended to allow any other
governmental entity within Clallam County, including the City of Sequim,
tribes and the Town of Forks, to join as an additional party. Additional
parties joining shall not be members of the JSW AB. Additional parties
shall be bound by all provisions of this Agreement.
c.
Withdrawal: A Party may withdraw from this Agreement only upon
unanimous agreement of all Parties, which agreement shall provide the
means by which a penalty may be charged for withdrawal from the
agreement by the Parties.
D.
Non-Waiver: No waiver by any Party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any
other term or condition or of any subsequent breach whether of the same
or of a different provision of this Agreement.
E.
No Third-Party Beneficiary: This Agreement is entered into to protect the
public health, safety and welfare of the residents of the City and County
and to promote the effective and efficient disposal or other handling of
solid waste in the City and the County. This Agreement is not entered into
with the intent that it shall benefit any party not signing this Agreement,
and no other person or entity shall be entitled to be treated as a third-party
beneficiary of this Agreement.
F.
Assignment: Upon the creation of a solid waste disposal district pursuant
to Ch. 36.58 RCW, the County and any City opting into such a disposal
district may assign its rights and obligations under this Agreement to the
solid waste disposal district. No other assignment of this Agreement is
permitted without the prior written consent of all Parties.
Page 9
7/23/2004
G.
Severability: If any provision of this Agreement is determined to be
invalid, the remaining provisions shall continue in full force and effect.
H.
Counterparts: This Agreement may be executed in two or more
counterparts, and each such counterpart shall be deemed to be an original
instrument. All such counterparts together will constitute one and the
same Agreement.
1.
Risk Allocation - Liability: As among the Parties, the City of Port
Angeles shall assume the risk for all activities and liabilities arising from
the ownership and operation of the Regional Solid Waste Export and
Transfer System and the Port Angeles landfill and shall hold harmless
from the defense costs and liability Clallam County, except that Clallam
County shall assume the risk from all activities and liabilities arising from
the ownership and operation of the Blue Mountain facility. It is agreed
among the Parties that the cost of liability insurance for such risk shall be
considered an operation cost of the Regional Solid Waste Export and
Transfer System and that any uninsured risk which results in a cost to the
City and or County may be recovered by an appropriate increase in rates
to cover any uninsured loss.
Page 10
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IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City
of Port Angeles, Washington.
Dated thi~~ Of~, 2004.
CITY OF PORT ANGELES
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Attest:
Approved As To Form:
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William E. Bloor, City Attorney
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