HomeMy WebLinkAboutPublic Utility District No. 1 (PUD) re: Hadlock Sewer 9 ` 7U A ►?eta;i 3,4..)
to-I4 Exhibit A
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MEMORANDUM OF UNDERSTANDING BETWEEN 4
PUBLIC UTILITY DISTRICT#1 OF JEFFERSON COUNTY �=
AND JEFFERSON COUNTY
FOR
EXPLORATORY ANALYSIS OF OPERATIONS, MAINTENANCE,AND ADMINISTRATIVE SERVICES FOR THE
PORT HADLOCK WASTEWATER(SEWER)SYSTEM
This Memorandum of Understanding(MOU) is entered into on the /— day of:xCu` /' , 2021
between the Public Utility District#1 of Jefferson County (the "PUD") and Jefferson County, a political
subdivision of the State of Washington (the "County"). N
WHEREAS,the County and the PUD entered into an Interlocal Agreement on April 4, 2016, pursuant to
the provisions of Chapter 39.34 RCW for the purposes of resource sharing, and
WHEREAS, planning efforts undertaken in the late 1990s to comply with the Growth Management Act
(GMA) resulted in the creation of the Port Hadlock-Irondale Urban Growth Area (UGA) in 2002 in order
to provide an area for urban growth in the unincorporated county and because this area was already
"characterized by urban growth", and
WHEREAS, under GMA, urban levels of services including the provision of public sewers are required in
UGAs in order to have urban zoning and development, and
WHEREAS,there is a demand for urban commercial services and housing density in the unincorporated
county in order to provide for a growing population and a healthy and diversified economy within the
region, and
WHEREAS,the County has been pursuing the development of the Port Hadlock Wastewater(Sewer)
project since the UGA was created and has completed many of the steps required to bring sewer to the
UGA including creation of a Sewer Facility Plan in 2008 (and subsequent updates), significant public
outreach, design studies, land purchases, and agency approvals, but until recently has not received
adequate funding to pursue construction of a sewer, and
WHEREAS, the Washington State Departments of Ecology and Health, in approving the Sewer Facility
Plan (March 30, 2021 Facility Plan Update Approval Letter), approved the County as the owner of the
Port Hadlock Wastewater system, and
WHEREAS, a significant number of property owners in the Port Hadlock core area approached the
County in June of 2018 with a petition expressing renewed interest in seeing the project completed, and
WHEREAS,the County received $1.4 million in State funding in 2020 to complete the final design of the
sewer for the Phase I (Core Area)of Port Hadlock, and
WHEREAS,the County received $20.2 million in State funding in 2021 for construction of a Phase I
wastewater treatment facility, pressurized collection system, and wastewater re-use (infiltration) area,
and
Page 1 of 3
Exhibit A
WHEREAS,the County intends to have the project substantially completed in the Phase I area by the end
of 2024, and
WHEREAS, operations, maintenance, and administrative services will be necessary once customers are
connected and the system is running, and
WHEREAS,the PUD currently operates utilities including domestic water, electricity, and large on-site
septic systems, and the PUD is the water provider for the Port Hadlock area and as such already has an
established billing system for water customers in Port Hadlock, and
WHEREAS,the PUD rather than the County, is well-positioned to provide billing, operation, and
maintenance services for the sewer system in Port Hadlock based on the PUD's experience and the
economies/efficiencies that can be gained by having an existing utility provider such as the PUD take on
this role, and
WHEREAS,the PUD has expressed interest in providing this service to the community of Port Hadlock as
a partner with the County to realize the advantages that the UGA can provide, and
WHEREAS,the PUD has already been assisting the County to identify water line locations to facilitate the
layout of the sewer collection system and will continue to do so.
NOW THEREFORE, in consideration of the recitals stated above and the terms, conditions, and mutual
promises contained herein,the parties agree as follows:
1. This MEMORANDUM OF UNDERSTANDING (MOU)shall be governed by the terms of the
Interlocal Agreement between the PUD and the County, entered into on April 4, 2016.
2. The PUD and the County will work cooperatively together to explore and analyze the operations,
maintenance, and administrative needs of the sewer project and determine how best to meet
these needs.The analysis will include a cooperative effort at analyzing, estimating, and
determining costs of providing these services. Such estimates will be necessary, especially for
property owners, in order to fine-tune administrative, operation and maintenance costs as the
project progresses.Additionally,the parties will work together in determining how the PUD's
existing billing system can incorporate billing for sewer customers.
3. This exploratory work will begin immediately, and the County will coordinate to bring
appropriate PUD staff into the design process which is currently underway.
4. The PUD and the County will both provide reasonable staff time to facilitate this work. Each
agency will be responsible for its own costs to provide this staff time.
5. The County, as the lead agency for the design and construction of this project, will continue to
provide the financial resources for consulting engineers and other experts on this project. If
additional consultant resources or other expenses, other than agency staffing, are necessary to
perform the work described in this MOU,the parties will work cooperatively together to identify
and select those resources, and the County will either contract directly for these services or
reimburse the PUD for these services.
Page 2 of 3
Exhibit A
6. Time is of the essence on this project. The parties commit to diligently pursuing the work
described herein and will provide the resources necessary to do so.
7. The PUD and County agree to investigate all potential options for service with the goal of finding
the most cost-effective and responsive service model for the Phase I sewer customers.
IN WITNESS WHEREOF,the parties hereto have executed the MEMORANDUM OF UNDERSTANDING as
of the day and year first written above.
PUD No. 1 of Jefferson County Jefferson County
Board of Commissioners
Kevin Streett, General Manager ate D an, District 1
Heidi Eise our, District 2
Greg Brotherton, District 3
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Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, Interim County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: September'2021
Subject: Interlocal MOU with PUD#1 for Port Hadlock Sewer
Statement of Issue: Jefferson County and the PUD#1 of Jefferson County propose to
enter into a Memorandum of Understanding for exploring how the PUD#1 could
provide operations, maintenance, and administrative services for a completed Phase I
Port Hadlock sewer system.
Analysis/Strategic Goals/Pro's Et Con's: Jefferson County desires to find the most
cost-effective and reliable way to operate, maintain, provide administrative services
(such as customer billing) for the Port Hadlock sewer. The PUD of Jefferson County
has expressed a desire to partner in this endeavor and is well positioned to provide
these services since the PUD already the water and electricity provider for Port
Hadlock. The PUD also operates some large on-site septic systems for customers
already. It makes sense to have the County's established utility provider assume
these responsibilities rather than starting a new stand-alone utility.
Fiscal Impact/Cost Benefit Analysis: This MOU has no fiscal impact. It is designed to
create a partnership between Jefferson County and the PUD to find the most cost-
effective way to provide reliable sewer service to Port Hadlock.
Recommendation: Please sign the MOU and return to Public Works for further
processing.
Department Contact: Monte Reinders, Public Works Director x242
Reviewed By:
44
Mark McCauley; nterim County Admin i or Dat
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: PUD#1 - Interlocal MOU for Port Hadlock Sewer N/A
(Name of Contractor/Consultant) Contract No.
COUNTY DEPARTMENT: Public Works
Contact Person: Monte Reinders
Contact Phone: x242
Contact email: Return to: Chris Spall, ext. 208
AMOUNT: N/A PROCESS: — Exempt from Bid Process
Revenue: _ Cooperative Purchase
Expenditure: ^ Competitive Sealed Bid
Matching Funds Required: _ Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
_ RFP or RFQ
XOther:lnterlocal Cooperation Act
APPROVAL STEPS:
STEP I: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: E' I N/A:[ j/t„-Monte Binders 8/6/2021
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: pi 1 N/A: tI )f/onte Reinders el6lznzi
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/9/2021.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 8/10/2021.
Thank you.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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• INSTRUCTIONS
APPROVAL STEPS:
STEP 1: COMPLIANCE WITH JCC 3.55.080 3.55.080 and Chapter 42.23 RCW. Department Heads or Elected Officials for
departments who are proposing the contract must check one of the two boxes: (1) Check the "Certification" box, demonstrating
compliance with that JCC 3.55.080 and Chapter 42.23 RCW;or,(2)Check the"N/A"box,verifying that certification does not apply:
(a)For approval of contracts before a contractor is selected;or,(b)For contracts with other government agencies,including interlocal
agreements.Department Heads or Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a
person who has been trained to determine compliance with JCC 3.55.080 and Chapter 42.23 RCW.JCC 3.55.080 states:"All persons
involved in county purchasing are required to follow the rules regarding conflicts of interest as set forth in Chapter 42.23 RCW,as now
or hereafter amended, and, in addition thereto, are expressly prohibited from accepting, directly or indirectly, from any person,
company, firm, or corporation to which any procurement or contract is or might be awarded, any rebate, gift, money or anything of
value whatsoever,except where given for the use and benefit of the county."
STEP 2: CERTIFICATION THAT THE CONTRACTOR HAS NOT BEEN DEBARRED BY ANY FEDERAL,STATE,OR
LOCAL AGENCY.Department Heads or Elected Officials for departments who are proposing the contract must check one of the two
boxes: (1) Check the "Certification" box, demonstrating that the contractor has not been debarred by a government agency; or, (2)
Check the"N/A"box,verifying that certification does not apply: (a)For approval of contracts before a contractor is selected;or, (b)
For contracts with other government agencies that do not involve grant funding,including interlocal agreements.Department Heads or
Elected Officials may delegate this responsibility to certify the Contract Review Form in writing to a person who has been trained to
determine whether contractors have been debarred by a government agency. Contractors who have been debarred by a government
agency are not eligible to contract with that agency or Jefferson County. Jefferson County does not want to contract with debarred
contractors because they are considered untrustworthy. In addition,where grant funding is involved,debarred contractors usually are
not eligible to receive grant money and,if they are given grant funding,the County may be required to repay spent grant funding.At a
minimum,checking the certified box requires checking:
• Exclusions Section of the Federal Government Services Administration System for Award Management (SAM) at
https://sam.gov,'contcnt/exc? ;ions;and,
• The Washington State Department of Labor & Industries Debarred Contractors List website
(https://secure.lni.uu. _ arandstrike/ContractorDebarList.aspx).
In addition,before checking the"Certification"box,the department should ask contractors to verify they have not been debarred by a
federal, state or local government agency. The department may satisfy Step 2 by attaching the standard debarment certificate
completed by the contractor. However, even if a standard debarment certificate is attached, the "Certification" box still must be
checked to satisfy Step 2.
STEP 3: RISK MANAGEMENT REVIEW.Risk management review of all contracts is required by the County's relationship with
the Washington Counties Risk Pool and by the County's risk management resolution. Risk management review involves determining
whether the contract is a valid contract and whether the contract language, including risk allocation provisions like indemnity and
insurance requirements,adequately protect the County from risks posed by the contract.
STEP 4: PROSECUTING ATTORNEY REVIEW. Legal review of all contracts by the Prosecuting Attorney's Office (PAO) is
required by the County's relationship documents with the Washington Counties Risk Pool and by the County's risk management
resolution. Review by the PAO involves determining whether the contract is a valid and unambiguous contract and may include
whether the contract language,including risk allocation provisions,adequately protect the County from risks posed by the contract.
STEP 5: REVISIONS, IF REQUIRED BY RISK MANAGEMENT OR THE PAO. If required,the department makes revisions
suggested by risk management or the PAO.Then,the department resubmits the revised contract to risk management and the PAO.
STEP 6: CONTRACTOR SIGNS. Obtain the contractor's signature before submitting to the Board of County Commissioners
(BoCC)for approval.
STEP 7: SUBMIT TO BOCC FOR APPROVAL.
I. Print 3 duplicate originals of the contract for the Commissioners'signature.
2. The submittal should include:
a. The 3 duplicate originals,each with PAO's signature approving the contract as to form;
b. This Contract Review Form showing approval by Risk Management and the PAO;and,
c. An Agenda Request.
3. Send all together in a hard copy packet to Attn:Julie/BoCC Office via interoffice mail to submit to the BoCC Agenda.The
Deadline for Agenda Items is Tuesday's by 4:30 p.m.in order to be included on the following Monday's Agenda.If the
submission does not meet this deadline,it will be added to the agenda for next Monday regular meeting of the BoCC.
QUESTIONS:
Questions about contracting and contract review should be presented first to the person in the department responsible for submission of
contracts for approval.If questions cannot be answered within the department,then questions should be presented to Risk Management
or the PAO's Civil Department. For questions about scheduling Agenda items, posting Agenda items, etc.,please email or call Julie
Shannon,BoCC Office,x384.
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