CON0000103 - 1/1/2010 - Decant Facility Agreement Ext - Clark County/Camas Clerk
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• RES No. 16-009, contract and agreement thresholds- authorizes Mayor/designee to enter into/execute the following contracts/
agreements without individual approval of each contract/agreement by City Council:
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City Staff Contact(Responsible) Staff Contact Phone# Staff Contact Title
Denis Ryan ext.4213 Operations Manager
Contracting Agency\Party Contracting Agency Contact Contact Phone or Email
Clark County WA Clark County Public Works Operations Manager
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Public Works Ronda Syverson ext. 4256
Type of ❑Construction/Small Works Project No Additional Contract Information(key words, other agency-related,
Contract ❑Consultant/Professional Services ordinance,amendment no.to original contract dated)
Decant Facility
ElContract for Services
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❑Franchise Agreement Date Council approval: 2009RES No.
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HARD COPYFILE COLOR CODE — RED: Permanent YF.LLO{V. F.vicentia/ BLUE: Event-Rased GREEN: F.xniratinn Date
DECANT FACILITY AGREEMENT EXTENSION
BETWEEN CLARK COUNTY
AND
THE CITY OF CAMAS
Pursuant to Section 4 of the Interlocal Agreement between the City of Camas
and Clark County, the County hereby moves to extend the Decant Facility Interlocal
Agreement, effective January 1, 2010 through December 31, 2010.
This extension is hereby incorporated into and will be attached to the original
interlocal agreement (copy attached).
Date: March 12, 2010
FOR CLARK COUNTY, WASHINGTON,
a subdivision of the State of Washington
By: _;�. ��
Bill Barron,)County Administrator
CITY OF CAMAS, a municipal
Corporation of the State of Washington
By. d-.�
Paul Dennis;-Mayor
ATTACHMENT A
2010 Rate Setting Worksheet
Clark County Public Works Decant Facility
revised 419/2007
Captial Costs(C) $ 273,000
Life Expectancy(L) 40
Reserve for Major Maintenance% 20.00%
Reserve for Major Maintenance(M) $ 54,600
2010 Projected Operating Costs(0) $ 70,000
#of Agencies Utilizing Decant 5
Total#Trips (U) 466
Overhead Rate(ON) 0%
DESCRIPTIONOF • COMPONENTS
Capital Costs (C) Construction(Design,Permitting,Actual Construction,Fencing,Paving)
Electronic Gate,Phone,and Modem
Sanitary Sewer and Water Connection Fees
Life Expectancy (L) 40 years
Reserve for Major Maintenance (M) At 20%of(C)
Semi-Annual Operating Costs(0) Annual Permitting (DOE,SW Wash Health District)
Utilities(Water,Power,Phones,Sanitary Sewer)
Laboratory Testing
Cleaning and Treatment of Solids
Disposal of Solids
Site Maintenance(includes indirect costs)
Usage (U) Estimated Usage of 5 Agencies
TIPPING FEE RATE COMPUTATIONS
Rate Formula
Major Maint Reserve + Operating Fee+ Overhead = Total Tipping Fee Per Trip
Clark County $ 2.93 + $ 150.21 = $ 153.14
WSDOT $ 2.93 + $ 150.21 = $ 153.14
City of Vancouver $ 2.93 + $ 150.21 = $ 153.14
Camas $ 2.93 + $ 150.21 = $ 153.14
Battle Ground $ 2.93 + $ 150.21 = $ 153.14
per trip major maint._ #trips x 40 years/reserve needed
per trip operating fee=anticipated operating costs/anticipated number of trips
overhead=17%of maj.Maint.Reserve+operating fee(calculated for all of Road Operations,not just this function. WSDOT,Vancouver and the County
have a reciprocal aqreement and don't chalpe each other overhead.
CAPITAL •VERY FEE COMPUTATIONS
2000
Capital $273,000 Total Beginning Capital 273,000 Total
3 Agencies $91,000 Each Agency Payments Vanc./County -72,800 cumulative*
Life of Facility 40 Years Payments WSDOT -91,000 cumulative*
Per Year Fee Each $3,640 Per Year Remaining Capital 109,200 Net Total
VandCounty 54,800 each remaining
WSDOT 0 remaining
Life of Facilities 15 Years Left
VanclCounty 3,640 Per Year
WSDOT 0 Per Year*
capital recovery based on 25 year payback
$273,000 is the original capital amount. The additional amount was funded through a grant and contributions
by Vancouver,the County and WSDOT.
`WSDOT paid off Meir obligation in 2009.
3/12/2010
exceUfiles/facilibes/deconVrateformula.xls 3/122010
INTERLOCAL AGREEMENT
BETWEEN CLARK COUNTY AND THE CITY OF CAMAS
FOR
DECANT SERVICES
THIS IS AN INTERLOCAL AGREEMENT, entered into under the authority of
the Interlocal Cooperation Act, Chapter 39.34 RCW, between Clark County, Washington,
a political subdivision of the State of Washington, (the "County") and The City of Camas,
a municipal corporation and charter city of the first class of the State of Washington (the
"City") by which the County will allow utilization of the County's Decant Center for the
treatment and disposal of stormwater liquids and solids to the City.
WHEREAS, pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act), one or
more public entities may contract with one another to perform government services which
each is by law authorized to perform; and
WHEREAS, as set forth in SR 093-99, the County has the resources available to
provide such services to the City in a cost-effective manner; and
NOW, THEREFORE,
THE COUNTY AND CITY agree as follows:
SECTION 1. PURPOSE. The purpose of this Agreement is to provide for
utilization of the County's Decant Center for treatment and disposal of stormwater solids
and liquids by the City.
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE- 1
SECTION 2. TERM. The term of this Agreement is for the period from January
1, 2006 through December 31, 2006.
SECTION 3. TERMINATION. Either party may choose to terminate this
Agreement by notifying the other party in writing 90 days prior to termination. The City
agrees to reimburse the County for the cost of services provided through the date of
termination of the Agreement.
SECTION 4. EXTENSIONS. The term of this Agreement may be extended in
one-year increments from January 1st through December 31St of subsequent years by
mutual written agreement of both parties, up to maximum of five (5) years. The
extension agreements shall be executed at least fifteen (15) days prior to the expiration of
the contract. The County Administrator is authorized to approve and execute such one-
year extensions without further authorization from the Board of County Commissioners.
The Mayor is authorized to approve and execute such one year extensions without further
authorization of the city Council.
SECTION 5. DEFINITION OF FACILITY AND PARTICIPANTS. The facility,
located at 11203 N.E. 76th Street, Vancouver, Washington, was designed and built to
store, treat, and dispose stormwater waste(liquids and solids) removed from stormwater
and drainage systems. The original cost of construction of the facility was borne by Clark
County. As of the date of this agreement,the Washington State Department of
Transportation(State) and the City of Vancouver have each contributed a fair share for
the privilege of using the facility. In the event additional parties contract to use the
facility, those parties would be assessed a charge to recover original construction costs of
the facility. Said contribution, upon agreement of the County, State, and City of
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-2
Vancouver, would be placed in reserve for future facility expansion or be used to reduce
the tipping fee. Additionally, costs of future expansion will be proportionately(by usage)
shared by all parties using the facility. In the spirit of inter-agency cooperation, the
County, the State, and the City of Vancouver have agreed to waive original construction
contributions from the City of Camas.
SECTION 6. SCOPE OF SERVICES. The County will allow the City to utilize
the Decant Center, by bringing storm water solids and liquids collected inside the city
limits, for treatment and disposal. The County will provide all labor and equipment
necessary to provide the treatment and disposal services. It is estimated that the City will
deposit approximately 100 yards of material per year in approximately 20 trips. Each
month, the County will provide the City with a billing invoice, which indicates the
number of trips per day and the cost per trip.
SECTION 7. COST OF SERVICE. The cost of services under this Agreement
shall be defined in Attachment A, incorporated herein by reference and attached. This
amount includes a charge for ongoing operation of the Center and a reserve for major
maintenance. A program overhead charge will be added to the per trip tipping fee. This
overhead rate is calculated annually and includes costs for program administration and
division support. The City shall be responsible for any taxes levied in connection with
this Agreement. The City will be charged only the fees for trips actually made to the site.
An annual billing for capital recovery will be sent separately in January of each year. The
methodology for rate setting and actual rate for year 2006 as well as the capital recovery
computation is included in Attachment A, incorporated herein by reference and attached.
All parties will review tipping fees on an annual basis to determine any rate changes
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-3
according to the methodology used in Attachment A.
SECTION 8. BILLING METHOD AND PROCESS. Per trip tipping fee charges
will be billed by the County to the City on a monthly basis. The billing will identify the
dates and number of trips, with the amount owed during that billing period. Billings will
be first signed by the designated Decant facility manager for the County, then will be sent
to the County's Accounting Department for processing and formal billing to the City. The
County Accounting Department will send billings to the City's Finance Office, for
payment and will simultaneously send an informational copy of the billing to the contract
manager for the City. Payment by the City shall be due within thirty days after issuance
of the bill. Payments that are not paid within the allotted time periods shall be considered
delinquent. Delinquent charges shall accrue interest on the unpaid balance, from the date
of delinquency until paid, at an interest rate of one percent(I%)per month.
SECTION 8A. COMPLIANCE TO OPERATING PROCEDURES. The City will
be required to follow the terms and conditions outlined in the Clark County Public Works
Decant Facility Standard Operations and Procedures Manual, incorporated by reference
and attached as Attachment B (as updated annually).
SECTION 9. ADMINISTRATION/COMMUNICATIONS. Contract managers
designated by the County Administrator and Mayor shall administer this Agreement.
Contract managers shall monitor service level and budget provisions of this Agreement.
Each month, the County and City contract managers shall review service levels, service
delivery, and costs. The contract managers shall, during the interim, communicate via
telephone or e-mail to relay information, answer questions, or raise concerns.
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-4
SECTION 10. DISPUTE RESOLUTION. In the event of a dispute between the
County and City regarding the delivery of services under this Agreement which cannot be
resolved by their respective designated contract managers, the Clark County
Administrator and the Camas Mayor or their designated representatives shall review such
dispute and options for resolution. Any dispute not resolved by the representatives shall
be referred to the Clark County Board of Commissioners. The decision of the County
Board and the Mayor regarding the dispute shall be final as between the parties.
Any controversy or claim arising out of or relating to this Agreement or the
alleged breach of such Agreement that cannot be resolved by the County Board and the
Mayor may be submitted to mediation and if still not resolved, shall be subject to
independent judicial review.
SECTION 11. INDEPENDENT CONTRACTOR. The County is and shall at all
times be deemed to be an independent contractor in the provision of the services set forth
in this Agreement. Nothing herein shall be construed as creating the relationship of
employer and employee, or principal and agent, between the County and City or between
any of the County's or City's employees. The County shall retain all authority for
provision of services, standards of performance, discipline and control of personnel, and
other matters incident to the performance of services by the County pursuant to this
Agreement. Nothing in this Agreement shall make any employee of the County an
employee of the City or any employee of the City an employee of the County for any
purpose, including but not limited to, for withholding of taxes, payment of benefits,
workers' compensation pursuant to Title 51 RCW, or any other rights or privileges
accorded their respective employees by virtue of their employment.
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-5
SECTION 12. HOLD HARMLESS/INDEMNIFICATION.
a. COUNTY RESPONSIBILITY. The County agrees to indemnify, defend,
save and hold harmless the City, its officials, employees and agents from any and all
liability, demands, claims, causes of action, suits or judgments, including costs, attorney
fees and expenses incurred in connection therewith, or whatsoever kind or nature, arising
out of, or in connection with, or incident to, the performance of services by the County
pursuant to this Agreement.
In the event that any suit based on such a claim, demand, loss, damage, cost, or
cause of action is brought against the County, the City retains the right to participate in
said suit if any principal of public law is involved.
This indemnity and hold harmless shall include any claim made against the City
by an employee of the County or subcontractor or agent of the County, even if the County
is thus otherwise immune from liability pursuant to the workers' compensation statute,
Title 51 RCW.
b. CITY RESPONSIBILITY. The City agrees to indemnify, defend, save
and hold harmless the County, its officials, employees and agents from any and all
liability, demands, claims, causes of action, suits or judgments, including costs, attorney
fees and expenses incurred in connection therewith, or whatsoever kind or nature, arising
out of, or in connection with, or incident to, the actions or omissions of the City regarding
this Agreement. In the event that any suit based on such a claim, demand, loss, damage,
cost, or cause of action is brought against the City, the County retains the right to
participate in said suit if any principal of public law is involved.
This indemnity and hold harmless shall include any claim made against the
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-6
County by an employee of the City or subcontractor or agent of the City, even if the City
is thus otherwise immune from liability pursuant to the workers' compensation statute,
Title 51 RCW.
C. ATTORNEYS FEES AND COSTS. All parties shall bear their
own costs of enforcing the rights and responsibilities under this Agreement.
SECTION 13. ASSIGNMENT/SUBCONTRACTING. Neither party shall
transfer or assign, in whole or in part, any or all of its respective rights or obligations
under this Agreement without the prior written consent of the other. The County shall not
subcontract for the provision of any services it is to provide the City under this
Agreement without the prior written consent of the City.
SECTION 14. NO THIRD PARTY BENEFICIARY. The County does not
intend by this Agreement to assume any contractual obligations to anyone other than the
City. The City does not intend by this Agreement to assume any contractual obligations
to anyone other than the County. The County and City do not intend there be any third-
party beneficiary to this Agreement.
SECTION 15. NOTICE. Any notices to be given under this Agreement shall at
minimum be delivered,postage prepaid and addressed to:
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-7
To the City:
CITY OF CAMAS
PO Box 1055
Camas, WA 98607
Attention: Mayor
To the County:
CLARK COUNTY PUBLIC WORKS
4700 NE 78'St.
Vancouver, Washington 98665
Attention: Operations Manager
The name and address to which notices shall be directed may be changed by either
the County or City giving the other written notice of such change as provided in this
section.
SECTION 16. WAIVER. No waiver by either party of any term or condition of
this Agreement incorporated in this Agreement shall be deemed or construed to constitute
a waiver of any other term or condition or of any subsequent breach, whether of the same
or different provision.
SECTION 17. INTERLOCAL COOPERATION ACT COMPLIANCE. This is
an Agreement entered into pursuant to Chapter 39.34 RCW. Its duration is as specified in
Sections 2 (Term) and 4 (Extensions). Its method of termination is set forth in Section 3.
Its manner of financing and of establishing and maintaining a budget therefore is
described in Sections 6 (Cost of Service) and 7 (Billing Method and Process). No
property shall be acquired pursuant to this Agreement which will need to be disposed of
upon partial or complete termination of this Agreement.
SECTION 18. ENTIRE AGREEMENT. This Agreement contains all of the
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-8
agreements of the parties with respect to the subject matter covered or mentioned therein,
and no prior Agreements shall be effective to the contrary.
SECTION 19. AMENDMENT. The provisions of this Agreement may be
amended with the mutual consent of the parties. No additions to, or alterations of, the
terms of this Agreement shall be valid unless made in writing and formally approved and
executed by the duly authorized agents of both parties, provided that pursuant to Sections
4 and 5, respectively, the County Administrator or designated agent may approve up to
four one-year extensions of this Agreement and additional compensation to the County
for additional service hours without further approval of the Board of Commissioners.
SECTION 20. DOCUMENT EXECUTION AND FILING. The County and City
agree that there shall be four (4) signed originals of this Agreement procured and
distributed for signature by the necessary officials of the County and City. Upon
execution, the executed originals of this Agreement shall be returned to the contract
manager who shall file copies of this Agreement with the City Clerk, the Clark County
Auditor and the Washington State Secretary of State. Upon receipt by the Clark County
Auditor of the signed originals, each such signed original shall constitute an agreement
binding upon both County and City.
SECTION 21. RATIFICATION. Acts taken in conformity with this Agreement
prior to its execution are hereby ratified and affirmed.
SECTION 22. SEVERABILTY. If any section or part of this Agreement is held
by a court to be invalid, such action shall not affect the validity of any other part of this
Agreement.
IN WITNESS WHEREOF, the County and City have caused this Agreement to be
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE-9
executed in their respective names by their duly authorized officers and have caused this
_N
Agreement to be dated as of the 2 day of 116w C a ,
2006.
FOR CLARK COUNTY, WASHINGTON,
a subdivision of the State of Washington
By:
11 garron, ounty Administrator
Approved as to form:
By.
Art Curtis,Prosecuting Attorney
By Deputy Prosecuting Attorney
CITY OF CAMAS,
a municipal corporation of the State of Washington
By:
Paul Dennis, Mayor
By:
Approved as to form:
By:
Roger Knapp, City Attorney
INTERLOCAL AGREEMENT FOR DECANT SERVICES
PAGE- 10