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HomeMy WebLinkAboutCity of Port Townsend, Amendment No. 3 - 072408qb � ori J THIRD AMENDMENT TO INTERLOCAL GOVERNMENT AGREEMENT BETWEEN CITY OF PORT TOWNSEND AND JEFFERSON COUNTY FOR BIOSOLIDS COMPOSTING FACILITY THIS THIRD AMENDMENT is made this a2 `% day ofJam, 2008 by and between the CITY OF PORT TOWNSEND, WASHINGTON ("the City") and JEFFERSON COUNTY, WASHINGTON ("the County"), both municipal corporations of the State of Washington. This Amendment modifies, clarifies and amends the Interlocal Agreement ("the Agreement") between the City and the County, dated October 8, 1992. The Agreement was amended by Addendum on June 6, 1994 and again on July 3, 1995. RECITALS The Recital section of the Agreement is amended to add an additional Recital as follows: E. The City and County incur considerable costs managing the throughput of City and County resident and business generated yard debris. Material throughput has exceeded the Facility's design capacity since 1999. Whereas a fee for dropoff of yard debris at the Facility was waived when this Agreement was executed as a means of increasing the Facility's feedstock, it is now agreed that a fee will be charged to encourage on-site management of yard debris and recover City and County costs associated with material management. And, whereas City and County residents should be encouraged to properly manage their yard debris on-site, it is agreed that a portion of the fee shall be dedicated to educating residents about on-site yard debris management. AGREEMENT NOW, THEREFORE, it is agreed that paragraph 12 of the Agreement, shall be repealed and replaced as follows: 12. Disposal Fees for Yard Waste Dropoff. The County will, subject to the limitations contained in the Agreement, as amended, collect a fee from customers for yard debris dropoff. A periodic fee review will be conducted per Jefferson County Code, appendix, FEE SCHEDULES, and the fee shall be adjusted only by mutual agreement. The County will receive three dollars per transaction including transactions generated by the City's curbside yard debris collection service. 5% of the gross fees collected, net of tax, will be deposited into an account managed by the County for expenses related to educating residents and businesses about on-site yard debris management. The City and County may, by mutual prior agreement, draw funds from this account for programs related to educating residents and businesses about on- site yard debris management. Page I of 2 City of PT/Jefferson County Biosolids Composting Facility — 3rd Amend. The City's portion of fees will be calculated by deducting from gross fees collected: taxes; education fund set-aside; County share; and bad debt. The County will transfer the City's portion of fees collected on a quarterly basis. THIS THIRD AMENDMENT is made pursuant to Paragraph 23 of the Agreement. The Agreement, as amended by the First, Second and Third Amendments shall continue in full force and effect without modification or amendment. IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the day and year above written. CITY OF PORT TOWNSEN WASH G ON By: City Mager Date: i- a q- 0 b Attest: City Clerk Approved as to form: City Attorney JEFFERSON COUNTY, WASHINGTON By: Commissioner Date L-,2 I cK 4 By: 4t-%�_ Commi sion r Date: By: o issio er Date: �X- - Board Approved as to form: d) ��j Y)68 �^ r wV Deputy Prosecuting A�L;cy Page 2 of 2 City of PT/Jefferson County Biosolids Composting Facility — 3rd Amend. CONTRACT WITH: N/A CONTRACT FOR: N/A CONTRACT REVIEW FORM (Contractor/Consultant) COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Al Cairns in AMOUNT: N/A TERM: Public Works Al Cairns X243 RETURN BY: ASAP (Date) Revenue: $45,888-$51,510 Expenditure: N/A Matching Funds Required: N/A Sources(s) of Matching Funds N/A Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM Comments Step 2: REVIEW BY P O: Review by:l Date Reviewed: APPROVED AS TO FORM F-1Commentts 6) 9'- �5s PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ X Other ANA GE T - �� ���_ o Returned for revision (See Comments) 6—LI—M Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) /0.x00 coy] Department of Public Works Regular Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Dennis Richards, Interim County Administrator From: Frank Gifford, Public Works Director Agenda Date: September 22nd, 2008 Subject: Hearing to amend Ordinance No. 06-0726-93 and to adopt a related amendment to an Interlocal Agreement allowing for the collection of a fee for the dumping of yard debris at the County's Transfer Station. Description: Public Hearing to take public comment and potentially adopt a fee ordinance and related Third Amendment to an Interlocal Agreement allowing for the collection of a fee for the dumping of yard debris at the County's Transfer Station. Statement of Issue: Under an Interlocal Government Agreement between the City of Port Townsend and Jefferson County, the City manages a Biosolids Composting Facility at the County Transfer Station Facility. The facility utilizes yard debris (which includes residential, commercial landscaping and large-scale land clearing debris) as feedstock for its biosolids operation. County and City residents generate yard debris brought to the facility on a roughly equal basis. The amount of yard debris materials being received has exceeded that needed for the composting facility operation since about 1999 and has continued to rise. This has created a financial burden for the County in terms of accounting, scale facility maintenance and site upgrading. Responsibility for addressing the issue is shared by the City and County due to the nature of the Interlocal Government Agreement and because yard debris is being Department of Public Works Regular Agenda Page 2 of 2 generated by a nearly equal split of city and county residents. The County and City Public Works staff recommends that a fee be charged for the dumping of yard debris at the Compost Facility in order to offset these expenses and to encourage onsite and/or private sector management of yard debris. Analysis: The Port Townsend City Council has agreed on a proposed tipping fee of $48 per ton with a minimal charge of $5. The County would receive a share of the fee based on a fixed cost per transaction. The County's costs for material throughput would be offset by the proposed per transaction share. Alternatives: The Commissioners may recommend a motion to adopt the Third Amendment to the Interlocal Agreement between the City of Port Townsend and Jefferson County for Biosolids Composting and to amend Ordinance No. No. 06-0726-93 to establish a tipping fee for yard debris managed at the County's Transfer Station. The Commissioners may recommend adoption of the Third Amendment and ordinance with conditions if any substantive public comment is received before or during the Hearing, or may postpone adoption until such substantive comments are resolved. Fiscal Impact: Revenue Budget Line: 401-000-010/343.70.00 Amount: $2,127,000 Expenditure Budget Line: 401-000-010/537.00.41 Amount: $1,972,000 Future Budget Impact: The projected revenue/expense forecasts are shown on the attached recommended fee model. Recommendation: Adopt the Third Amendment to the Interlocal Agreement between the City of Port Townsend and Jefferson County for Biosolids Composting and amend Ordinance No. No. 06-0726-93 to establish a tipping fee for yard debris managed at the County's Transfer Station following the Public Hearing on September 22nd, 2008 at 10:00 AM in the Commissioners' Chambers. Reviewed By: (% 7 Dennis Richards, Interim County Administrator Dat