HomeMy WebLinkAboutInterlocal Agreement between Mason County and the City of Shelton - Interlocal Agreement it
INTERLOCAL AGREEMENT
BETWEEN MASON COUNTY AND THE CITY OF SHELTON RELATED
TO FURTHER TREATMENT OF DIGESTED SEWER SLUDGE
THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal
Coo eration Act, Chapter 39 . 34 of the Revised Code of Washington, on the th day of
y
, 2017, by and between Mason County (County) , a political
subdivision of e State of Washington, and the City of Shelton (City) , a municipal corporation of
the State of Washington, together referred to as the Parties .
WHEREAS , Revised Code of Washington Section 39 . 34 . 030 authorizes cooperative
efforts between public agencies ; and
WHEREAS, Mason County is in need of further treatment of digested sewer sludge
produced by its wastewater treatment facilities ; and
WHEREAS, the City of Shelton Wastewater Treatment Plant has capacity to convert
digested sewage sludge into Class A biosolids .
NOW, THEREFORE, in consideration of their mutual covenants , conditions and
promises, THE PARTIES AGREE as follows :
1 . PURPOSE OF AGREEMENT : The purpose of this Agreement is to establish the
responsibilities of the County and the City in further treatment of digested sludge from County-
owned wastewater treatment plants . The agreed rate of compensation will be increased by a factor
of 3 % (Three percent) annually, on January 1st of each year, until the duration of this Agreement
is complete. The City reserves the right to periodically review and adjust the agreed rate of
compensation. Proposed changes shall be mutually agreed upon by the parties and incorporated by
written amendment to this Agreement.
When the digested sludge delivered to the City is greater than 1 . 5 % solids, Mason County
will compensate the City $ 0 . 69 per dry pound of digested sludge treated .
When the digested sludge delivered to the City is 1 . 5 % solids or less, Mason County will
compensate the City $0 . 092 per gallon.
2 . SCOPE OF AGREEMENT/WORK:
A. Responsibilities of the City of Shelton shall be as follows :
1 ) Provide adequate infrastructure at the City ' s wastewater treatment plant to
accept delivery of digested sludge via tanker/pump truck.
2) Provide further treatment of digested sludge delivered to the City' s wastewater
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Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
treatment plant.
B . Responsibilities of the County shall be as follows :
1 ) Perform all required lab tests on sewer sludge from all County-owned or
County-used wastewater treatment locations within a window of thirty days
prior to delivery of the sludge to the City, and provide the City with the lab test
results at least 48 hours prior to delivery.
2) Ensure that sludge meets all Washington State DOE requirements for Class "B "
digested sludge and Class "A" metals testing, and share results of testing with
the City in accordance with the timeframes of section ( 1 ) above .
3 ) Ensure that all digested sludge delivered to the City has been screened to a
minimum standard of 6 millimeters .
4) Sludge delivered for treatment should be less than 4% solids . In the event solid
content in the sludge is greater than 4%, the maximum amount of sludge the
City will accept is 10 , 000 gallons per day. In no case, will the City accept sludge
that is greater than 6 % solids .
5 ) Schedule at least two weeks in advance for delivery.
6) Deliver only Tuesday-Thursday between the hours of 8 : 00 am PST and 3 : 00
pm PST on non-City observed holidays .
7) Require that sludge haulers check4n at the main office of the City' s wastewater
treatment plant before and after offload of sludge .
3 . ADMINISTRATION OF AGREEMENT : The Mason County Department of Public
Works will administer this Agreement for the County. The Shelton Public Works Department will
administer this Agreement for the City.
4 . DURATION OF AGREEMENT : This Agreement shall take effect upon execution of the
agreement by both the County and the City and shall remain in effect until December 31 , 2026 .
5 . TERMINATION OF AGREEMENT : The County may terminate this Agreement for any
reason upon 10 days advance notice to the City. The City may terminate this Agreement for any
reason upon 365 days advance notice to the County, provided that the City may immediately
suspend its acceptance of sludge if the County is out of compliance with any of its obligations
under Section I . B of this Agreement. If acceptance is suspended, the City shall give the County
notice and an opportunity to cure any failures of the County' s obligations . If the County fails to
cure after a reasonable opportunity to do so, the City may terminate this Agreement at that time .
6 . LEGAL/ADMINISTRATIVE ENTITY : No separate legal or administrative entity is
created by or pursuant to this Agreement.
7 . INDEMNIFICATION:
A . The City shall defend, indemnify and hold harmless the County, its officials ,
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Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
officers, employees and agents for all claims, liabilities , damages, expenses, reasonable attorney' s
fees and suits arising from the City ' s performance under this Agreement.
B . The County shall defend, indemnify and hold harmless the City, its officials,
officers, employees and agents for all claims, liabilities, damages, expenses, reasonable attorney' s
fees and suits arising from the County ' s performance under this Agreement, including any claims
arising from the County' s use of contractors to perform any of the obligations of this Agreement .
C . Solely for purposes of the indemnification provisions, each party waives its
immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and
acknowledges that this waiver was mutually negotiated by the parties .
D . The indemnification provisions shall survive the expiration or termination of this
Agreement.
8 . COMPLIANCE WITH REGULATIONS AND LAWS : The Parties shall comply with all
applicable rules and regulations pertaining to them in connection with the matters covered herein .
9 . ASSIGNMENT : The Parties shall not assign this Agreement or any interest, obligation or
duty herein without the express written consent of the other party.
10 . ATTORNEY ' S FEES : In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney ' s fees .
lie NOTICES :
All notices and payments hereunder shall be sent or delivered to the following respective
addresses :
To Mason County: To Shelton :
Dept . of Public Works City of Shelton
100 W Public Works Drive 525 W . Cota Street
Shelton, WA 98584 Shelton, WA 98337
Attn : Public Works Director Attn : City Clerk
Phone : (360) 427-9670 Phone : (360) 473 - 5290
or to such other respective addresses as either Party may hereafter designate in writing . All notices
and payments mailed by regular post (including first class) shall be deemed to have been given on
the second business day following the date of mailing, if properly mailed and addressed . Notices
and payments sent by certified or registered mail shall be deemed to have been given on the day
next following the date of mailing, if properly mailed and addressed. For all types of mail, the
postmark affixed by the United States Postal Service shall be conclusive evidence of the date of
mailing .
12 . INSURANCE REQUIREMENT : Each party shall obtain and maintain liability coverage
in minimum liability limits of One Million Dollars ($ 1 , 000 , 000) per occurrence and Two Million
Dollars ($2, 000 , 000) in the aggregate for general liability, errors and omissions, and auto liability,
despite when the claim was made .
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Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate or its equivalent from a solvent insurance provider confirming coverage
from a solvent insurance company or pool that is sufficient to address the insurance obligations set
forth above .
13 . NON-DISCR]M[NATION POLICY : The County and the City agree not to discriminate
in the performance of this Agreement because of race, color, national origin, sex, sexual
orientation, age, religion, creed, marital status , disabled or Vietnam era veteran status, the presence
of any physical, mental, or sensory handicap , or any other status protected by law.
14 . FILING : This document shall be filed with the County Auditor pursuant to Chapter 39 . 34
RCW or, alternatively, listed by subject on either of the Parry' s websites .
15 . ENTIRE AGREEMENT : This Agreement constitutes the entire agreement between the
Parties, and the Parties acknowledge that there are no other agreements , written or oral, that have
not been set forth in the text of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written. �;
DATED this day of 1 (7ID' �i/l� �yF-- 2017 .
CITY OF SHELTON COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
SHELTON, WASHINGTON MASON C TY, WASHINGTON
4 V
Gary H. Cronce, Mayor Kevin SO , Chair
Tracy Mool e Commissioner Terri Jeffreys ' Vi Chair
Ka by M Dowell, Commissioner Randy eatherlin , Zo missioner
ATTEST: ATTEST
Vicki Look, City Cl k erk of e Board
Approved as to form : Approved as to form :
Kathle n Haggard Tim Whitehead
City Attorney Mason County Deputy Prosecuting Attorney
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Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment
STATE OF WASHINGTON )
) ss .
COUNTY OF ek.)
ON THIS _I +k / day of Fcbmovq 2017 , before me,
personally appeared �� ; ,, , �1� �++� o C,hajr and � a a � rh Teffre to me
known to be the h ,,� , and f ,
being one of the muni ipal corporations that executed the within and foregoing i strument, and
the acknowledged said -instrument to be the free and -voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon .
WITNESS my hand and official seal hereto the day and year in this certificate first above
wn e'I�1otaly Public mow]
State of Washington
MELISSA DREWRY
MY COMMISSION EXPIRES No ry c in and f the State of Washingt ,
OCTOBER 20, 2019 Residing at Alto) lip
My commission xpires �J(� 2Q 9 (0 / n
STATE OF WASHINGTON )
I ) ss .
COUNTY OF � 5D
ON THIS (9 T h day of re rU0? 2017, before me,
personally appeared (, r�M?o' /91w ^vnd h / Z , to me
known to be the / ) 7 ;r_ la and of -7 14 , /A)J0
being one of the municipal corporations that executed the within and foregoing instrument, and
they acknowledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to
execute said instrument, and the seat of said municipal corporation is affixed hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above
written . \\0\ \ 11A 11011iii11 ��.
sion
09
��TA
TA
� � Notary Public in and for the State of Washin Yton,
N ' p� ���, :• 2 ` Residing at CAS � lt,rr4 �
'•. 0 .9 `O My commission expires 1 .5
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Interlocal Agreement Between Mason County and the City of Shelton for Wastewater Treatment