HomeMy WebLinkAboutInterlocal re Hazardous Waste at Port Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: March 27, 2023
Subject: Interlocal Agreement with Port of Port Townsend
Statement of Issue
In March of 2022, the County and Port of Port Townsend (Port) agreed to early terminate both
the Interlocal Agreement and Lease Agreement under which the County operated a Moderate
Risk Waste Facility (MRWF) at the Boat Haven. This understanding was implemented through
the adoption of a new ILA that provided for continued MRWF operation through December 31,
2024, with the lease being early terminated and the premises and improvements returned to
the Port on January 1, 2025.
Public Works has successfully transitioned to household hazardous waste collection events as
a means of continued collection service ahead of the December 31, 2024 transfer of facility
ownership and has met all statutory requirements for post-closure care of the MRWF.
Analysis/Strategic Goals/Pro's It Con's:
Public Works has demonstrated program continuity with household hazardous collection
events substituting for fixed facility operation. Conveyance of the property and termination
of the Lease may proceed at this time.
Fiscal Impact/Cost Benefit Analysis:
The Port will remit payment to the County in the amount of $49,107.00 as agreed in the
previous ILA.
Recommendation:
Staff recommends that the Board of County Commissioners approve the attached ILA.
Department Contact: Al Cairns X213
Reviewed By:
ur./�
Mark McCauley ounty Administrator Date
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port of Port Townsend PW Zot3—os 9
(Name of Contractor/Consultant Contract No.
COUNTY DEPARTMENT: Public Works
Contact Person: All Cairns
Contact Phone: X213
Contact email: Return to: Chris S all ext. 208
AMOUNT: $49,107.00 (Ie-1/eriVcj PROCESS: Exempt from Bid Process
Revenue: 401 0010.39512 Cooperative Purchase
Expenditure: n/a Competitive Sealed Bid
Matching Funds Required: n/a Small Works Roster
Sources(s)of Matching Funds n/a Vendor List Bid
RFP or RFQ
Other:Intedocal Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
w d by 59CERTIFIED• F N/A• AI Cairns po=3033131140-0,0' 3/13/2023
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.
AI Cairns 0VW11V..g,.°OyAlCO—
CERTIFIED: ✓ N/A: 17
Dst.:2UY303,3,52k,s-07W 3/13/2023
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
�'/Electronically approved by Risk Management on 3/15/2023.
We're accepting continued liability.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/16/2023.
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
1
INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND
THE PORT OF PORT TOWNSEND
CONCERNING CLOSURE OF 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 2023 pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act (the "Act"),
between Jefferson County (the "County"), and the Port of Port Townsend, (the "Port"), both
municipal corporations of the State of Washington, hereinafter referred to collectively as "the
parties". This Agreement further amends the Interlocal Agreement of December 22, 1997 (the
"Original Interlocal Agreement" or "Original ILA")that was first amended on March 9, 2022
("ILA Amendment #1") concerning 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 (MRW) Collection Facility so that it can
undertake improvements to its property consistent with its mission; and
WHEREAS, the County has determined that it can vacate the leased premises and
continue to deliver moderate risk waste collection services to the public by revising its service
delivery model; and
WHEREAS, the County has concluded that the period of time necessary to plan, provide
public notice, and implement revisions to its moderate risk waste collection program is
substantially shorter than anticipated in ILA Amendment #1 (March 9, 2023); and
WHEREAS,the County has transported all moderate risk waste to a proper handling
facility and all statutory requirements for MRW Collection Facility closure have been met and a
closure report has been approved by the permitting agency; and
WHEREAS, County and Port staff have coordinated the removal of MRW Collection
Facility supplies and equipment; and
WHEREAS, the County previously reviewed the means by which it would continue to
collect moderate risk waste with the Solid Waste Advisory Board (SWAC) at public meetings in
late 2021 and early 2022 and the efficacy of such means in sustaining service delivery has been
reported to SWAC and the Board of County Commissioners at public meetings in 2022 and
2023; and
INTERLOCAL AGREEMENT 1 MARCH 2O23
WHEREAS, the County has provided 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;
and
WHEREAS, The Port has and will continue to work with the County to establish dates
and locations for collection events for Port tenants considered Small Quantity Generators;
NOW,THEREFORE,Jefferson County and the Port of Port Townsend, by and through
their respective legislative bodies do hereby agree as follows:
1. PURPOSE: This Agreement sets forth the understanding and voluntary agreement of
the parties concerning the early closure of the MRW Collection Facility, early termination of the
lease pertaining to the MRW Collection Facility, and conveyance of all leasehold improvements
to the Port on March 31, 2023.
2. ADMINISTRATION OF AGREEMENT: The parties will jointly 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 takes effect immediately upon its
execution by both parties and remains in effect until 11:59 p.m. (Pacific Time) on March 31,
2023.
4. AGREEMENT:
4.1 Effective as of 11:59 p.m. (Pacific Time) on March 31, 2023, the prior agreements
between the parties relative to the MRW Collection Facility shall be terminated and of
no further force or effect, and the parties' respective rights and obligations concerning
the MRW Collection Facility shall be as set forth herein.
4.2 Effective as of 11:59 p.m. (Pacific Time) on March 31, 2023, the Land Lease
Agreement for the MRW Collection Facility dated December 22, 1997, 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 herein.
4.3 In consideration of the depreciated value of recent capital improvements made
to the MRW Collection Facility by the County, the Port agrees to pay the sum of
$49,107.00 to the County by no later than 11:59 p.m. (Pacific Time) on March 31, 2023.
4.4 At 12:00 a.m. (Pacific Time) on April 1, 2023,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:
4.4.1 Any obligations which specifically survive the term of the Lease; and
INTERLOCAL AGREEMENT 2 MARCH 2O23
4.4.2 All obligations under the Lease accruing prior to the amended Lease
Termination Date, including liability arising from hazardous materials brought
onto 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 2023.
COMMISSION OF THE PORT BOARD OF COMMISSIONERS
OF PORT TOWNSEND JEFFERSON COUNTY, WASHINGTON
Pamela A. Petranek, President Kate Dean, District 1
Carol L. Hasse, Vice President Heidi Eisenhour, District 2
Peter W. Hanke, Secretary Greg Brotherton, District 3
Approved as to form: Approved as to form:
OC March 16,2023
Port Attorney Philip C. Hunsucker
Chief Civil Deputy Prosecutor
INTERLOCAL AGREEMENT 3 MARCH 2O23
INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND
THE PORT OF PORT TOWNSEND
CONCERNING THE MODERATE RISK WASTE
COLLECTION FACILITY AT BOAT HAVEN,
i
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 22,2021; 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 1 MARCH 2O22
. _ r
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, 1997(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
r
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
4 day of March 2022.
jl
COMMISSION OF THE PORT BOARD OF COMMISSIONERS
OF PORT TOWNSEND JEFFERSON COUNTY, WASHINGTON
Pam A. Petranek, President K e ean, District I
C 2�?b/2 Z
Carol Hasse, Vice Presi nt Heidi hisci ihour, District 2
eter . Hanke, Secretary 19 eg Brotherton, District 3
Approved as to form: Approved as to form:
February 18, 2022
Port Attorney Philip C. Hunsucker
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor' s Office
IN FERLOCAL AGREEMENT 3 MARCI 12022
Department of Public Works
O Consent Agenda
Page 1 of 2
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
Page 2 of 2
Analysis/Strategic Goals/Pro's Et 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(l 0) 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: At Cairns X213
Reviewed By:
Mark McCauley, Interim County Admini r for Date