Loading...
CON0000110 - 1/1/2011 - Decant Facility and Regional Recycling Svcs Agreem 's Off ca CONTRACTS & AGREEMENTS (RecordNoiceUseOnly) �,t ► Clerk Required Information Date 1/28/2019 WASHINGTON Cover Sheet ® NEW ❑ REPLACEMENT The original paper copy of ALL Camas contracts/agreements/amendments are to be retained in the City's centralized filing system, managed by the City Clerk's Office. • 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: o Professional Service Contracts/Agreements-including, but not limited to contracts/agreements for architectural, engineering, legal, and consulting services involving a cost or fee of less than$50,000. o Maintenance/Service Contracts-for nonprofessional services involving a cost or fee of less than $50,000. o Lease Agreements-for materials, supplies, and equipment where expenditures or fee do not exceed $50,000 per year. o Public Works Projects-Small Works Roster Projects with a single trade involving expenditures of less than$100,000 and Small Works Roster Projects with multiple trades involving expenditures of less than $150,000. o Public Works Projects-Capital Major Maintenance Projects in excess of limits set forth above will proceed to Council for approval. o Change Orders—Mayor/designee has the authority to execute Change Orders up to 10%of contract total, provided they are within limits of original contract and consistent with scope and intent of authorized project. *** FILL OUT ALL APPLICABLE FIELDS AND ENSURE REFERENCED EXHIBITS ARE ATTACHED *** 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 City Department/Division Dept.Admin Assistant Additional Contact Information Public Works Ronda Syverson ext. 4256 Type of ❑Construction/Small Works Project No Additional Contract Information(key words, other agency-related, Contract ordinance, amendment no.to original contract dated) ❑ConsultantlProfessional Services Decant Facility and Regional Recycling Services ❑Contract for Services ❑Grant ®Interlocal Agreement (ILA) Recording Number& If Council Approval Required(see limits above),provide date of El Franchise Agreement Date Council approval: 2010 RES No. El Development Agreement Budget Funded Account# ❑Amendment/Supplement to Contract No. OR ❑Other(explain) Other Funding Source: Contract Start Date Expiration Date Contract/Project Terms of Renewal or Termination&Extensions 1/1/2011 No termination date Completion Date (REQUIRED) No termination date None Original or Copy Media Type Specific Location of Record ® Original ❑ Copy ® Paper ❑ Electronic ❑ CD-DVD ❑ Network Location ❑ Eng. Copy ❑ Video/Audio Tape ❑ Flash Drive ❑ Building Cabinet Number If copy,where is original? ❑ Other ❑ Additional Copy Locations FOR ADMINISTRATIVE ASSISTANT USE ONLY Disposition Authority#(DAN)(REQUIRED) Records Series Title Retention/Dispo- Event Cut-off&Date GS50-01-11 Rev. 4 1.5 Contracts/Agreements sition Action after expiration of 6 years instrument Designation/Remarks Comments Essential ❑ Archival-Appraisal Req'd ❑ Archival-Permanent :on-Archival, Destroy After Retention Met ❑ Confidential Ll Other Routing Signatures/Initials: EXEMPT INFORMATION (statute and page Nos): City Attorney Click or tap here to enter teat. City Administrator Department Manager/Director Finance Director City Engineer(s) i Other HARD COPY FILE COLOR CODE — REO: Permanent YELLOW: Ec,cential RLI/F,: Event-Rased GREEN: Exniration Date INTERLOCAL AGREEMENT BETWEEN CLARK COUNTY AND THE CITY OF CAMAS FOR REGIONAL RECYCLING 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 street sweepings 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 Regional Recycling Center for the treatment and disposal of street sweepings by the City. SECTION 2. TERM. The term of this Agreement is for the period from January 1, 2011 through December 31, 2015. If there are any changes necessary, an amendment INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE- 1 will be sent out in January for review and signature approval. 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. 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 of street sweepings removed from public roads and right-of-ways. The facility is used by six government agencies for disposal of street sweepings. All six agencies are responsible for the cost of construction of the facility as well as ongoing maintenance and operating costs. The six agencies involved in the partnership of the facility are Clark County Public Works, Washington State Department of Transportation, City of Vancouver, City of Battle Ground, City of Camas, and City of Washougal. The Cities of Camas and Washougal will share one bay and pay one fifth of the cost. The original cost of the construction of the facility was borne by Clark County and separate interlocal agreements or contracts were written and signed between all parties and Clark County for reimbursement of the construction costs to build the facility, a proportionate amount to be invoiced yearly to each agency until the cost is reimbursed. Additionally, costs of future expansion will be proportionately (by usage) shared by all parties using the facility. SECTION 5. SCOPE OF SERVICES. The County will allow the City to utilize the Regional Recycling Facility, by bringing street sweepings collected inside the city limits, for treatment and disposal. Each agency will be responsible for screening and INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-2 processing its own street sweeping material. The Regional Recycling Facility has five storage bays to allow each agency to have their own area to fill. Once an agency has filled their bay, they are responsible for screening their own material at their own cost. All material screened is stock piled together and will be available for use by all involved agencies for soil amendment. The material will also be used on County road projects. There will be no monthly invoicing from Clark County to the City since each agency will be responsible for processing its own material. SECTION 6. COST OF SERVICE. The cost of the facility was $345,000 which was divided into five equal shares with the City of Camas and City of Washougal sharing one share. Each share equals $69,000 (Sixty Nine Thousand Dollars). The City of Battle Ground, City of Vancouver, City of Camas and the City of Washougal have chosen to pay the construction and capital improvement costs back to the County in the course of a ten year period. Each of these agencies will be invoiced $6,900 (Six Thousand Nine Hundred Dollars) in January of each calendar year. There will be no interest assessed on any of the payments. SECTION 7. 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 A (as updated annually). SECTION 8. ADMINISTRATION/COMMUNICATIONS. Contract managers designated by the County Administrator and City Manager 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-3 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. SECTION 9. 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 City Manager 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 City Manager 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 City Manager may be submitted to mediation and if still not resolved, shall be subject to independent judicial review. SECTION 10. 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-4 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. SECTION 11. 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 provision of services by the City pursuant to this Agreement. In the event that any suit based on such a claim, demand, loss, INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-5 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 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 12. 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 13. 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 14. 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-6 To the City: CITY OF CAMAS PO Box 1055 Camas, WA 98607 Attn: Mayor To the County: CLARK COUNTY PUBLIC WORKS 4700 NE 78TH 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 15. 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 16. INTERLOCAL COOPERATION ACT COMPLIANCE. This is an Agreement entered into pursuant to Chapter 39.34 RCW. Its duration is as specified in Section 2 (Term). 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). 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 17. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties with respect to the subject matter covered or mentioned therein, INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-7 and no prior Agreements shall be effective to the contrary. SECTION 18. 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,however the County Administrator or designated agent may approve additional compensation to the County for additional service hours without further approval of the Board of Commissioners. SECTION 19. DOCUMENT EXECUTION AND FILING. The County and City agree that there shall be two (2) 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 20. RATIFICATION. Acts taken in conformity with this Agreement prior to its execution are hereby ratified and affirmed. SECTION 21. 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 executed in their respective names by their duly authorized officers and have caused this Agreement to be dated as of the day of , 20 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-8 FOR CLARK COUNTY, WASHINGTON, a subdivision of the State of Washington r. By: B 1 Barron, qunty Administrator Approved as to form: By: /L/ Art Curtis, Prosecuting Attorney By Deputy Prosecuting Attorney CITY, a municipal corporation of the State of Washington � By: Approved as to form: By: INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-9 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. SECTION 2. TERM. The term of this Agreement is for the period from January INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE- 1 1, 2011 through December 31, 2015. Contract amendments with updated rates will be sent out for signature each January. 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. 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 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 5. 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-2 necessary to provide the treatment and disposal services. 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 6. 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 the current year 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 according to the methodology used in Attachment A. SECTION 7. 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, and 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-3 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 (1%) per month. SECTION 8. 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 City Manager 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. 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 City Manager 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 City Manager regarding the dispute shall be final as between the parties. Any controversy or claim arising out of or relating to this Agreement or the INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-4 alleged breach of such Agreement that cannot be resolved by the County Board and the City Manager may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 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. 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-5 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 provision of services by the City 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 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 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-6 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: To the City: CITY OF CAMAS PO Box 1055 Camas, WA 98607 Attention: Mayor To the County: CLARK COUNTY PUBLIC WORKS 4700 NE 78TH 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 INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-7 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 Section 2. 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 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 two (2) signed originals of this Agreement procured and distributed for signature by the necessary officials of the County and City. Upon INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-8 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 executed in their respective names by their duly authorized officers and have caused this Agreement to be dated as of the day of , 20_ FOR CLARK COUNTY, WASHINGTON, a subdivision of the State of Washington INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE-9 B y: Aow�lr M11 Barro , County Administrator Approved as to form: By: Art Curtis, Prosecuting Attorney By Deputy Prosecuting Attorney CITY OF C.c�- 5 , a municipal corporation B : By: Approved as to form: By: INTERLOCAL AGREEMENT FOR DECANT SERVICES PAGE- 10 ATTACHMENT A 2011 Rate Setting Worksheet Clark County Public Works Decant Facility revised 4=007 Captial Costa(C) $ 273,000 Life Expectancy(L) 40 Reserve for Major Maintenance% 20.00% Reserve for Major Maintenance(M) $ 54,600 2011 Projected Operating Costs(0) $ 60,000 #of Agencies Utilizing Decant 6 Total#Trips (U) 480 Overhead Rate OH 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 Malor Maintenance (M) At 20%of(C) 3 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 6 Agencies TIPPING FEE RATE COMPUTATIONS Rate Formula Major Maint Reservt + Operating Fee+ Overhead = Total Tipping Fee Per Trip Clark County $ 2.84 + $ 125.00 = $ 127.84 WSDOT $ 2.93 + $ 125.00 = $ 127.93 City of Vancouver $ 2.93 + $ 125.00 = $ 127.93 Camas $ 2.93 + $ 125.00 = $ 127.93 Battle Ground $ 2.93 + $ 125.00 = $ 127.93 La Center $ 2.93 + $ 125.00 = $ 127.93 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 reci rocal a reement and don't cha a each other overhead. CAPITAL •VERY FEE COMPUTATIO 2000 2011 Capital $273,000 Total Beginning Capital 273,000 Total 3 Agencies $91,000 Each Agency Payments VancJCounty 80,080 cumulative* Life of Facility 40 Years Payments WSDOT -91,000 cumulative* Per Year Fee Each $3,640 Per Year Remaining Capital 101,920 Net Total Vanc/County 50,960 each remaining WSDOT 0 remaining Life of Facilities 14 Years Left Vanc/County 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. 12/16/2010 exceMlesftdllbes/downf/ratefommula.xla 12/15/2010