HomeMy WebLinkAboutPort of Port Townsend re: Moderate Risk Waste Facility - 0327236A,yi :3 � `3 4-27 - 03
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 si 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
INTERLOCALAGREEMENT 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
'11 It day of March 2023.
COMMISSION OF THE PORT
OF PORT TOWNSEND
— pa� 0 PdAaMXk
Pamela A. Petranek, President
Carol L. Hasse, Vice President
Peter W. Hanke, Secretary
Approved as to form:
Port Attorney
BOARD OF COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
Approved Telephonically 02 71, 3
Kate Dean, District 1
-3/Z 7 /Z 3
eidi Eisenhour, District 2
3/l 712-3
Greg Brotherton, District 3
Approved as to form:
March 16, 2023
Philip C. Hunsucker
Chief Civil Deputy Prosecutor
INTERLOCAL AGREEMENT 3 MARCH 2O23
Department of Public Works
O Consent Agenda
Page 1 of 1
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 a 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:
Mark McCauley ounty Administrator Da e
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Port of Port Townsend
PW 2023-03y
(Name of Contractor/Consultant) Contract No.
COUNTY DEPARTMENT: Public Works
Contact Person: Al Cairns
Contact Phone: X213
Contact email: Return to: Chris Spall, ext. 208
AMOUNT: $49,107.00 (I-nyc-) 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
X Other: Intedocal Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
DigiEmly signed by AI Cairns
CERTIFIED: I/ N/A: Al Cairns2023031315,19:40-07'00' 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.
CERTIFIED: �✓ N/A AI Cairns Dte: Digitally0230033131520:1 AJ -07roa 3/13/2023
• Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserl"iche):
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
I