HomeMy WebLinkAbout022822ca02 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: February 28, 2022
Subject: Interlocal Agreement between Port of Port Townsend and
Jefferson County for Moderate Risk Waste Facility Operation
Statement of Issue:
The Port of Port Townsend (Port) is desirous of making capital improvements to the
Boat Haven in the area where the County's Moderate Risk Waste Facility (MRWF) is
currently located in order to advance its mission of sustainable economic
development. As such, the Port has requested that the County vacate the facility
prior to the expiration of an existing Interlocal Agreement and Land Lease Agreement
which provides for the siting and operation of the MRWF in the Boat Haven.
Public Works staff has determined that it can continue to provide for the collection
and proper disposal of residential household hazardous waste and dangerous waste
from businesses designated as Small Quantity Generators through collection events
staged at various locations throughout the County on multiple dates throughout the
year, as done by several counties without MRWF's.
Staff has discussed the Port's request and the program revisions necessitated by it
with the Solid Waste Advisory Committee which has voiced support for
accommodating the Port's request and transitioning to collection events as a means of
continued service delivery.
Port and Public Works staff have agreed that a three-year period would be necessary
for transitioning to a new service delivery model. Additionally, the Port has agreed
that the depreciated value of recent capital improvements made to the MRWF in the
amount of $49,107.00 shall be reimbursed to the County.
The attached Interlocal Agreement provides for continued MRWF operation under the
current Interlocal Agreement and Land License Agreement until December 31, 2024
with the premises returned to the Port on January 1, 2025.
Department of Public Works
O Consent Agenda
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Analysis/Strategic Goals/Pro's a Con's:
Hazardous waste is addressed in Title 70A RCW. Counties have the authority, but not
an obligation, to construct fixed facilities for the collection of hazardous waste.
70A.300.370(9) states: With the exception of the disposal site authorized for
acquisition under this chapter, the private sector has had the primary role in
providing hazardous waste management facilities and services in the state. It is the
intent of the legislature that this role be encouraged and continue into the future to
the extent feasible.
70A.300.370(10) states: The legislature finds that, because local conditions vary
substantially in regard to the quantities, risks, and management opportunities
available for such wastes, local government is the appropriate level of government
to plan for and carry out programs to manage moderate-risk waste, with assistance
and coordination provided by the department.
Substituting collection events for fixed facility operations is consistent with the goals
of the Solid Waste Management Plan (Chapter 1, section 1.6, p. 1-8), in particular:
• Maintain an economically responsible program for solid waste management that
recognizes the needs of environmental protection and service to the citizens of
the County
• Promote the use of private industry to carry out the components of the solid
waste system
• Encourage cooperative and coordinated efforts among government agencies,
private companies and the public to support the goals of this SWMP
• Incorporate flexibility to accommodate future needs
Fiscal Impact/Cost Benefit Analysis:
Based on 2020 MRW program costs, substituting collection events for fixed facility
operations would achieve an estimated annual $57,000 reduction in program costs.
The County will receive $49,107.00 from the Port for the depreciated value of recent
capital improvements to the MRWF.
Recommendation:
Approve the attached Interlocal Agreement between the Port of Port Townsend and
Jefferson County.
Department Contact: Al Cairns X213
Reviewed By:
411.7‘
�:' Lei ,� v7 4/rZ.0--Mark McCnterim County Admini tor Date
INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND
THE PORT OF PORT TOWNSEND
CONCERNING THE MODERATE RISK WASTE
COLLECTION FACILITY AT BOAT HAVEN,
PORT TOWNSEND, WASHINGTON
This Interlocal Agreement ("Agreement" or "ILA") is made and entered into this day of
March 2022 pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act (the "Act"),
between Jefferson County, hereinafter called the "County", and the Port of Port Townsend,
hereinafter called the "Port", both municipal corporations of the State of Washington, hereinafter
referred to collectively as "the parties". This Agreement amends the December 22, 1997,
Interlocal Agreement (the "Original Interlocal Agreement") between the parties for the Moderate
Risk Waste Collection Facility located at the Port's Boat Haven property in Port Townsend.
I. RECITALS
WHEREAS, the Port has requested that the County vacate leased premises at Boat Haven
presently occupied by the Moderate Risk Waste Collection Facility so that it can make
improvements to its property consistent with its mission; and
WHEREAS, the County has determined that it can continue to deliver moderate risk
collection services to the public by revising its service delivery model; and
WHEREAS, the parties have agreed to a period of time necessary for the planning, public
notice and implementation of such program revisions; and
WHEREAS, the County has discussed the Port's request and the means by which the
County would continue to collect moderate risk waste with the Solid Waste Advisory Board at
public meetings on July 22, 2021, September 23, 2021, December 2, 2021, and January 20,
2022; and
WHEREAS, Port and County staff discussed the Port's request with the Board of County
Commissioners at a public meeting on November 22, 2 02 1; and
WHEREAS, Port staff presented the proposal to the Port Commission of the Port of Port
Townsend at regular meetings on November 23, 2021 and again on February 9, 2022,
NOW, THEREFORE, Jefferson County and the Port of Port Townsend, by and through their
respective legislative bodies do hereby agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is to set forth the
understanding and voluntary agreement of the parties regarding the continued operation and use
of the Moderate Risk Waste Collection Facility through December 31, 2024, and the disposition
of the facility thereafter.
INTERLOCAL AGREEMENT I MARCH 2O22
2. ADMINISTRATION OF AGREEMENT: Both parties will administer this agreement.
No joint property will be acquired through this Agreement. Pursuant to RCW 39.34.040, this
Agreement will be posted on the websites of both parties and/or filed with the Jefferson County
Auditor.
3. DURATION OF AGREEMENT: This agreement shall take effect immediately upon
execution by both parties and shall remain in effect until 11:59 p.m. (Pacific Time) on December
31, 2024.
4. AGREEMENT:
4.1 The County and Port acknowledge and agree that they are parties to that certain
Interlocal Agreement for the Moderate Risk Waste Collection Facility dated December
22, f 997 (the "Original Interlocal Agreement") which is currently in full force and effect.
Notwithstanding any provision to the contrary in the Original Interlocal Agreement,
effective as of 11:59 p.m. (Pacific Time) on December 31, 2024, the Original Interlocal
Agreement shall be terminated and of no further force or effect, and the parties'
respective rights and obligations regarding the Moderate Risk Waste Collection Facility
shall be as set forth in this Agreement.
4.2 The County shall continue to operate the Moderate Risk Waste Collection Facility
under the terms and conditions of the Original Interlocal Agreement until 11:59 p.m.
(Pacific Time) on December 31, 2024.
4.3 Additionally, the County and Port acknowledge and agree that they are parties to
that certain Land Lease Agreement for the Moderate Risk Waste Collection Facility also
dated December 22, 1997 (the "Lease") which is currently in full force and effect.
Notwithstanding any provision to the contrary in the Lease, effective as of 11:59 p.m.
(Pacific Time) on December 31, 2024 (the "Lease Termination Date"), the Lease shall be
terminated and of no further force or effect, and the parties' respective rights and
obligations regarding the leased premises arising or accruing thereafter shall be as set
forth in this Agreement.
4.4. Prior to cessation of operations at the Moderate Risk Waste Collection Facility,
early termination of the Lease, and vacation of the leased premises as set forth herein, the
County shall transport all moderate risk waste to a proper handling facility and shall
remove all equipment and inventory from the facility.
4.5 Prior to the cessation of operations at the Moderate Risk Waste Collection
Facility as set forth herein, the County shall provide technical assistance to the Port to
establish a collection program for moderate risk waste commonly generated by Port
tenants and customers at Boat Haven, with such program to be administered at the
discretion of the Port.
4.6 The Port shall work with the County to establish dates and locations for collection
events for Port tenants considered Small Quantity Generators.
4.7 In consideration of the depreciated value of recent capital improvements made to
the Moderate Risk Waste Collection Facility by the County, the Port shall pay the sum of
$49,107.00 to the County by no later than 11:59 p.m. (Pacific Time) on December 31,
2024.
INTERLOCAL AGREEMENT 2 MARCH 2O22
4.8 At 12:00 a.m. (Pacific Time) on January 1, 2025, the County shall return the
premises described in the Lease to the Port, together with all alterations and
improvements thereto and all fixtures installed thereon, with no further financial
obligation to the County; PROVIDED HOWEVER, that the County shall remain liable
with respect to the following: a) any obligations which specifically survive the term of
the Lease; and b) all obligations under the Lease accruing prior to the Lease Termination
Date, including liability arising from hazardous materials brought on to or about the
premises or permitted or suffered to be brought about the premises by the County or
anyone for whom the County may be liable.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement on or about the
day of March 2022.
COMMISSION OF THE PORT BOARD OF COMMISSIONERS
OF PORT TOWNSEND JEFFERSON COUNTY, WASHINGTON
Pam A. Petranek, President
Carol L. Hasse, Vice President
Peter W. Hanke, Secretary
Approved as to form:
Port Attorney
Kate Dean, District 1
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form:
February 18, 2022
Philip C. Hunsucker
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's Office
INTERLOCAL AGREEMENT' 3 MARCH 2022