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HomeMy WebLinkAbout5.760 Original Contract .\ 5.7l.PD INTERLOCAL COOPERATION AGREEMENT Establishing A Method For Wastewater Collection and Treatment Services Extension To The Port Angeles Eastern Urban Growth Area THIS AGREEMENT is executed by and between Clallam County ("the County") and the City of Port Angeles (the "City") (the County and the City are collectively referred to herein as "the Parties") for the purpose of providing for cooperative planning and engineering for the extension of City wastewater collection and treatment services to the commercial areas of the City's Eastern Urban Growth Area (EUGA). WHEREAS, the Parties have cooperated in developing and adopting a plan for the phased annexatIOn of the EUGA; and WHEREAS, the Parties agree that extension of the City's wastewater collection and treatment services meet the future needs of the residents, businesses, and institutions within the EUGA; and WHEREAS, this agreement promotes the best interests, health, safety and welfare of the County, the City and the citizens of the area, and protects the natural environment and establishes the institutional arrangements needed to protect the interests of the County, the City, the residents, businesses, and institutions within the area; and WHEREAS, the County agrees, subject to the terms of this agreement, to fully fund the development of a financing plan for extension of the City's wastewater collection and treatment services into the City's EUGA; and WHEREAS, the plan assures cooperation between the County and the City and is in the best interests of residents and businesses within the area; and WHEREAS, by entering into this interlocal agreement, the Parties can more effectively and efficiently satisfy the needs of the residents and businesses within the area and provide services for growth in the area; and Page 1 of6 WHEREAS, the Parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW, THEREFORE, in consideration of mutual promises and covenants herein, the Parties agree: Section 1. Planning for Wastewater Collection and Treatment Services ExtenSIOn. A. The parties agree that it is in the best interests of the City, the County, and the residents of the area to extend City wastewater collection and treatment services into the commercial areas of the City's EUGA. The parties agree that they will cooperate and work toward that goal. The parties' goal is to have functional wastewater collection and treatment services extended into the EUGA in 2007. B. As used throughout this agreement, the phrase "extend City wastewater collection and treatment services into the commercial areas of the City's EUGA," or similar wording, means that the parties intend to construct a wastewater trunk collector line along Highway 1 0 1 in the EUGA to the extent it is feasible to do so. Secondary ~ollector lines or collectors in other parts of the EUGA are not contemplated within the scope of this agreement. However, the phrase is not intended to limit the availability of the wastewater collection and treatment services. All properties in the EUGA, whether commercial, residential, industrial, or other, shall be eligible to connect to any wastewater collector line extended within the EUGA, whether done pursuant to this agreement or otherwise. C. As a first step, it is necessary to plan for financing the wastewater collection and treatment services extension. For that purpose the parties agree that they will use the services of an independent, professional consulting firm to study and prepare financing recommendations and alternatives. D. The City and the County together shall cooperate and develop the scope of work to guide the consulting firm. They have agreed upon the maximum fee to be paid to the consultant for this work. The scope of work and the cost for the consultant services are attached to this agreement. The City is responsible for contracting with a consulting firm to execute the work. The County will reimburse the City for the fees paid to the consulting firm for that purpose, up to the amount detailed in the attachment. Page 2 of6 Section 2. Engineering for Wastewater Collection and Treatment Services Extension. A. To meet the goal of extending functional wastewater collection and treatment services extended into the EUGA by the middle of 2007, the parties recognize that it is necessary to promptly commence initial engineering for the wastewater collection and treatment services extension. For that the parties agree that they will use the services of the consulting firm contracted by the City to prepare engineering recommendations and alternatives. B. The City and the County together shall cooperate and develop the scope of engineering work for the consulting firm contracted by the City. They shall agree upon the maximum fee to be paid to the consultant for this work. The City shall then be responsible for contracting with the consulting firm contracted by the City to execute the engineering work. The County will reimburse the City for the consultant fee paid to the consulting firm contracted by the City for that purpose. Section 3. Responsibilities of the County. A. The County shall work diligently and cooperatively with the City to extend City wastewater collection and treatment services into the EUGA with the goal of having the functioning collection services installed not later than 2007. B. The County shall work cooperatively with the consulting firm contracted by the City and with the City to implement a plan to finance the extension of the wastewater collection and treatment services to the commercial areas of the City's EUGA. The Parties intend that the entire funding for the project will be provided by the County. C. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the County shall work cooperatively with the consulting firm contracted by the City and with the City to commence engineering for the extension ofthe wastewater collection and treatment services to the EUGA. D. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the County shall finance and fund extension, and the planning and engineering for the extension, of the City's wastewater collection and treatment services into the City's EUGA. Page 3 of6 Section 4. Responsibilities of the City. A. The City shall work diligently and cooperatively with the County to extend City wastewater collection and treatment services into the EUGA with the goal of having the functioning collection services installed not later than 2007. B. The City shall contract with a consulting firm to develop financing alternatives for extension of wastewater collection and treatment services into the EUGA. C. Subject to the obligation of the parties to agree upon a financing plan as provided in Section 5.A. below, the City shall contract a consulting firm to develop engineering for extension of wastewater collection and treatment services into the EUGA. D. The City shall, as soon as reasonably possible, develop a schedule of connection fees and service fees that the City will charge for wastewater collection and treatment services in the commercial areas of the City's EUGA. The City shall provide this information to the County and to the consulting firm contracted by the City as soon as it is available. E. The Parties anticipate that the City will not provide any funding for this project. The Parties expect that the County will, through the "Opportunity Fund" and other monies available to the County, provide all funding for the project. Nevertheless, the Parties recognize that unanticipated circumstances could arise that require the City to pay certain miscellaneous and incidental costs associated with limited elements of the project. Therefore, in the event and to the extent a limited City contribution to financing is required by the plan contemplated in Section 5.A. below, the City shall contribute to financing. F. As necessary to secure grant funding for the project, the City will join the County in applying for CERB grants, CDBG funding, and other sources of grants and low interest loan funding for the project. Section 5. Joint Responsibilities. A. The parties will jointly develop and agree upon the plan to fully fund extension, and the planning and engineering for the extension, of the City's wastewater collection and treatment services into the City's EUGA. B. From this date forward, both parties will maintain project accountings that will include staff time for the project. The parties agree that staff time of both the City Page 4 of6 and the County should be charged as a project cost. To be reimbursed as a project cost, staff time must be reasonably necessary for the project and documented. C. The parties will work cooperatively to secure right-of-way necessary for the extension of the wastewater collection and treatment services into the EUGA. Section 6. Duration of Agreement. This Agreement shall become effective immediately upon approval by the Board of Commissioners of the County and the Council of the City. It shall remain in force for 3 years from the date that it is first effective or until its purposes have been accomplished, whichever occurs first. This Agreement shall automatically be extended for a period of two (2) years unless one party gives notice within eighteen (18) months prior to the expiration of the original three (3) year term, and in writing, that it does not desire to extend the agreement Section 7. 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 both Parties. C. 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. D. 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 annexation of the EUGA. 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 thlrd- party beneficiary of this Agreement. E. 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. Page 5 of6 F. Filing: Promptly upon execution, the County shall file this agreement with the County Auditor as required by Chapter 39.34 RCW. IN WITNESS HEREOF, this Agreement is executed by Clallam County and by the City of Port Angeles, Washington. Dated thisdl2~ of December 2005. . <.fh Dated thIS 1.0 day of December 2005. CITY OF PORT ANGELES ill. DO ~ Richard A. Headrick, Mayor CLALLAM COUNTY BOARD OF COMMISSIONERS t, .(. fJt4I0/~ Mike Chapman, Chair Attest: Attest: ~q ~~ .lJproA Becky 1. Up , Cit Clerk ~ - ~ - . , Clerk of he Board f'~L/)PG /../ NTEAM/'c'kJ j De-PtAY Approved as to form: Approved as to form: 1,/ ~ ~ / ( ,~/ --) ~-L// ' _- William E. Bloor,"""'Clty ttorney 1/}Zv ( /) k/ Mark Nichols, Deputy Prosecuting Attorney \ G: \Legal _Backup \.A..GREEMENTS&CONTRACTS\2005 Agmts&Contracts\EUGA. Sewer Interlocal.122005 .doc Page 6 of6