HomeMy WebLinkAboutC20080306 Interlocal Agreement AFTER RECORDING RETURN TO:
SKAGIT COUNTY BOARD OF COMMISSIONERS
1800 CONTINENTAL PLACE, STE. 100
MOUNT VERNON, WA 98273
DOCUMENT TITLE: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
SKAGIT COUNTY AND CITIES AND TOWNS IN SKAGIT
COUNTY FOR SOLID WASTE MANAGEMENT
DATE SIGNED: April 30, 2008
GRANTOR: SKAGIT COUNTY, a Political Subdivision of the State of
Washington,
GRANTEE: CITY OF MOUNT VERNON, a Washington Municipal Corporation;
CITY OF ANACORTES, a Washington Municipal Corporation;
CITY BURLINGTON, a Washington Municipal Corporation;
CITY OF SEDRO-WOOLLEY, a Washington Municipal Corporation;
TOWN OF LA CONNER, a Washington Municipal Corporation;
TOWN OF CONCRETE, a Washington Municipal Corporation;
TOWN OF LYMAN, a Washington Municipal Corporation;
TOWN OF HAMILTON, a Washington Municipal Corporation
SKAGIT COUNTY
COUNTY CONTRACT NO.: Contract # C20080306
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DOCUMENT TITLE: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT
COUNTY AND CITIES AND TOWNS IN SKAGIT COUNTY FOR SOLID
WASTE MANAGEMENT.
DATE SIGNED: �,1 , 2008
GRANTOR: SKAGIT COUNTY, a Political Subdivision of the State of Washington,
GRANTEES: CITY OF MOUNT VERNON, a Washington Municipal Corporation;
CITY OF ANACORTES, a Washington Municipal Corporation;
CITY OF BURLINGTON, a Washington Municipal Corporation;
CITY OF SEDRO-WOOLLEY, a Washington Municipal Corporation;
TOWN OF LA CONNER, a Washington Municipal Corporation;
TOWN OF CONCRETE, a Washington Municipal Corporation;
TOWN OF LYMAN, a Washington Municipal Corporation; and
TOWN OF HAMILTON, a Washington Municipal Corporation
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY
AND CITIES AND TOWNS IN SKAGIT COUNTY
FOR
SOLID WASTE MANAGEMENT
THIS INERLOCAL COOPERATIVE AGREEMENT ("Agreement"), made and entered
into on this 30 day of 14,pc't\ , 2008, by and between the CITY OF MOUNT
VERNON, a Washington Municipal Corporation; the CITY OF ANACORTES, a Washington
Municipal Corporation; the CITY OF BURLINGTON, a Washington Municipal Corporation; the
CITY OF SEDRO-WOOLLEY, a Washington Municipal Corporation; the TOWN OF LA
CONNER, a Washington Municipal Corporation; the TOWN OF CONCRETE, a Washington
• Municipal Corporation; the TOWN OF LYMAN, a Washington Municipal Corporation; and the
TOWN OF HAMILTON, a Washington Municipal Corporation hereinafter collectively referred to
as the "Municipalities", and SKAGIT COUNTY, a political subdivision of the State of
Washington, hereinafter referred to as the "County", pursuant to the authority granted by
Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. The Municipalities and the County
may be individually referred to herein as a "Party", and may be collectively referred to herein as
the "Parties." SKAGIT COUNTY
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Contract # C20080306
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WHEREAS, the County and each of the Municipalities executing this Agreement are
authorized and directed by Chapter 70.95 RCW to prepare a Comprehensive Solid Waste
Management Plan ("CSWMP") and are further authorized by Chapter 39.34 RCW to enter into
an agreement for the administration and implementation of said CSWMP; and
WHEREAS, the County prepared a Comprehensive Solid Waste Management Plan for
the County and Municipalities of the County in 1994, and updated the CSWMP with the active
involvement of the Municipalities in 2004; and
WHEREAS, the 2004 Comprehensive Solid Waste Management Plan update calls for
significant improvements to and replacements for existing waste facilities, and the County has
entered into a waste export contract that expires in 2013, and in light of these factors long term
financial planning is desirable; and
WHEREAS, providing the most effective and efficient system for managing solid waste
generated in Skagit County, including its Municipalities, requires use of the solid waste disposal
system established by the County and the Comprehensive Solid Waste Management Plan of
the County to the fullest extent possible;
WHEREAS, in or about May of 2004, the County and the Municipalities entered into a
previous interlocal agreement (Skagit County Contract # C20040228) regarding the
administration and implementation of the CSWMP; and
WHEREAS, the County, in response to recent policy guidance provided by the Skagit
County Board of County Commissioners (including, but not limited to, Skagit County Resolution
# R20070141) is in the process of amending the CSWMP, and pursuant to these amendments,
the Parties desire to mutually effectuate changes between the relationship of the Parties to
provide for enhanced cooperation by and between the County and the Municipalities, and also
to make additional changes to the terms of the previous interlocal agreement by and between
the Parties (Skagit County Contract# C20040228); and
WHEREAS, the terms of this Agreement are intended to wholly replace and supersede
the terms of the previous interlocal agreement by and between the Parties (Skagit County
Contract# C20040228);
NOW THEREFORE, in consideration of the forgoing, and in consideration of the
following terms and conditions, the Parties mutually agree as follows:
1. NEW AGREEMENT; EFFECTIVENESS. This Agreement entirely replaces and
supersedes the previous interlocal agreement (herein the "previous interlocal agreement") for a
Comprehensive Solid Waste Disposal System that the Parties entered into in 2004 (Skagit
County Contract # C20040228). This Agreement shall not become effective until ail Parties to
the previous interlocal agreement have duly executed this Agreement. Unless and until all
Parties to the previous interlocal agreement have duly executed this agreement, the previous
interlocal agreement shall remain in full force and effect pursuant to the terms therein.
2. DEFINITIONS. For the purposes of this Agreement, the following definitions
apply:
2.1 "Comprehensive Solid Waste Management Plan," or "CSWMP" means the
comprehensive plan for solid waste management as required by Ch. 70.95 RCW.
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Contract # C20080306
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2.2 "Party" or"Parties" shall mean any signatory or signatories to this Agreement.
2.3 "Solid Waste" means all putrescible and nonputrescible solid and semi-solid
wastes including, but limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage
sludge, demolition and constructions wastes, abandoned vehicles or parts thereof, and
recyclable materials, with the exception of wastes excluded by WAC 173-304-015_
2.4 "Solid waste handling" means the management, storage, collection,
transportation, utilization, processing, and final disposal of Solid Waste, including the recovery
and recycling of materials from Solid Waste, the recovery of energy resources from such wastes
or the conversion of energy in such wastes to more useful forms or combinations thereof, and
as such term may be modified by amendments to Chapter 70.95.030(23) RCW.
2.5 "System" means all facilities for Solid Waste handling owned or operated, or
contracted for, by the County, and all administrative activities related thereto, and as further
defined and provided within the County's Comprehensive Solid Waste Management Plan, as
may be amended and/or updated.
2.6 "System Costs" means all costs arising from System operation, and
maintenance, capital costs for new System facilities and equipment, past and future System
liabilities, known or unknown, and shall include any municipal liability for disposal clean-up costs
anywhere within the jurisdiction of Skagit County or the municipal Parties to this Agreement,
provided, however, the System shall have no liability for the clean-up costs or other liabilities of
any Party that terminates their participation in the System.
3. RESPONSIBILITIES FOR WASTE DISPOSAL SYSTEM. For the duration of this
Agreement, the Parties shall have the following responsibilities:
3.1 The County shall continue to provide for the efficient disposal of all Solid Waste
generated within the jurisdictions of each Party to this Agreement to the extent, in the manner,
and by facilities as described in the Comprehensive Solid Waste Management Plan. The County
shall not be responsible for disposal of nor claim that this Agreement extends to Solid Waste
that has been eliminated through waste recycling activities in conformity with the
Comprehensive Solid Waste Management Plan.
3.2 Subject to the governance structure established by other provisions of this
Agreement, the County shall continue to provide a comprehensive Solid Waste management
system, including educational programs, as defined by the Comprehensive Solid Waste
Management Plan.
3.3 The County shall continue to operate the System in a financially prudent manner,
minimize fee increases, and use System revenues only for System purposes. The County's
operation of the System is subject to governance by the SWSGB, as further set forth in
elsewhere in this Agreement.
4. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. For the duration of
their participation in this Agreement, each Party shall participate in the Comprehensive Solid
Waste Management Plan prepared and periodically reviewed and revised pursuant to Chapter
70.95 RCW. For the duration of their participation in this Agreement, each Party authorizes the
County to include in the Comprehensive Solid Waste Management Plan (CSWMP) provisions
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for the management of solid waste generated in each Party's jurisdiction. Parties executing this
Agreement hereby agree to respectively adopt any CSWMP updates properly adopted by the
SWSGB within 30 days of approval by the Department of Ecology.. No Party may veto, reject,
or fail to adopt any CSWMP Amendments or Revisions as recommended by the SWSGB
pursuant to this agreement. Until such time as the CSWMP is updated by the SWSGB
consistent with this Agreement, the Parties understand and agree that this Agreement shall
control with respect to any inconsistency between the CSWMP and this Agreement. The
Parties to this Agreement further understand and agree that the County shall promptly amend
the CSWMP after execution of this Agreement solely as necessary to incorporate and reflect the
terms of this Agreement in the CSWMP, which amendment shall be applicable to and deemed
adopted by all Parties to this Agreement by virtue of their execution of this Agreement.
5. DESIGNATION OF COUNTY SYSTEM FOR SOLID WASTE DISPOSAL. Each
Party shall designate the County System for disposal of all Solid Waste generated within the
Party's jurisdictional limits, and within the scope of the Comprehensive Solid Waste
Management Plan.
6. DESIGNATION OF DISPOSAL SITES. The SWSGB shall designate County
System disposal site or sites for the disposal of such solid waste except for recyclable and other
materials removed from solid waste by waste recycling activities in conformity with the
Comprehensive Solid Waste Management Plan. Designation by the SWSGB of disposal site(s)
pursuant to this Agreement shall not diminish any Party's power to regulate land use and
establish land use criteria within the Party's jurisdiction. Furthermore, designation by the
SWSGB of disposal site(s) pursuant to this Agreement shall not diminish the County's authority
to regulate public health pursuant to Title 70 RCW and other applicable laws and regulations.
7. ENFORCEMENT. The County shall be primarily responsible for enforcement of
laws and regulations requiring persons to dispose of solid waste at sites designated by the
County. Each Party shall cooperate with the County in its enforcement efforts, and shall provide
by ordinance that any person that disposes of Solid Waste generated within its boundaries at a
site other than a site designated by the County will be guilty of a misdemeanor, except where
such disposal may be otherwise permitted by state law. To the extent legally possible, the
County shall be responsible for bringing enforcement actions against persons violating state
statutes, or County ordinances relating to the disposal of Solid Waste at sites designated by the
County. However, in instances in which the County lacks legal authority to bring an enforcement
action and another Party possesses that authority, the County may request that the Party bring
such enforcement action. The Party shall comply with this request, or in some other way ensure
that Solid Waste generated with the Party is disposed of at those sites designated by the
County. All reasonable costs incurred by the Party in taking such enforcement or other actions
that are requested in writing by the County shall be paid as System costs.
8. LIABILITY AND INDEMNIFICATION. Each Party agrees to be responsible and
assume liability for its own wrongful and/or negligent acts or omissions or those of their elected
officials, officers, agents, or employees to the fullest extent required by law, and further agrees
to save, indemnify, defend, and hold the other Party harmless from any such liability. It is
further provided that no liability shall attach to any other Parties by reason of entering into this
Agreement except as may be expressly provided herein.
9. SYSTEM COSTS AND RATES. The Parties agree that all System Costs shall
be paid by the System through tipping fee rates and rate adjustments established in
conformance with the Level of Service ("LOS") envisioned in paragraph 13.1.6 below. Rates set
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Contract # C20080306
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by the SWSGB shall accommodate long-term System viability and a financially reasonable level
of cash reserves.
10. DURATION; TERM OF AGREEMENT. The Parties agree to be bound by this
Agreement until September 15, 2013, unless prior modified in accordance with paragraph 9.
This Agreement shall not sunset or expire, but shall continue in full force and effect, Individual
Parties to this Agreement may, after September 15, 2013, withdraw from this Agreement by
giving sixty (60) days' notice to all other Parties to this Agreement.
11. REVISION, AMENDMENT, SUPPLEMENTATION, OR TERMINATION. This
Agreement shall be reviewed by the Parties in conjunction with any review of the
Comprehensive Solid Waste Management Plan. The terms of the Agreement may be revised,
amended, or supplemented, or the Agreement as a whole may be terminated only upon the
written agreement of all Parties executed with the same formalities as the original. No revision,
amendment, supplementation or termination shall be adopted or put into effect if it impairs any
other contractual obligation of the County. Waiver or breach of any term or condition of this
Agreement shall not be considered a waiver of any prior or subsequent breach.
12. SOLID WASTE ADVISORY COMMITTEE.
12.1 Pursuant to Chapter 70.95.165(3) RCW and Chapter 39.34.030(4) RCW and
Skagit County Code 12.18, a Solid Waste Advisory Committee shall continue operating for the
purpose of rendering advice to Skagit County and the SWSGB regarding solid and moderate
risk waste related issues generally, service levels, disposal rates, and short and long term
planning, and especially the administration and implementation of the Comprehensive Solid
Waste Management Plan.
12.2 Membership of the Solid Waste Advisory Committee shall be as follows:
(1) Regular members. The Solid Waste Advisory Committee shall consist of:
(a) One member from each Party to this Agreement, to be nominated by
the legislative authority for that Municipality and appointed by the County
Commissioners.
(b) One member from each Municipality in Skagit County which has its
own Comprehensive Solid Waste Management Plan, to be nominated by
the legislative authority for that Municipality and appointed by the County
Commissioners.
(c) Three members, each representing the unincorporated area of one of
the three County Commissioner districts. The three members shall be
recommended by the County Commissioners. The County
Commissioners shall recommend candidates representing a spectrum of
citizens, public interest groups, and businesses. Candidates shall be
residents of Skagit County or firms licensed to do business in Skagit
County.
(d) Two members shall be selected, one to represent commercial solid
waste collection firms; and one to represent commercial recycling firms.
These members shall be recommended by the County Commissioners.
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Contract # C20080306
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(e) One ex officio, non-voting representative from the Skagit County
Public Works Solid Waste Section.
(f) One ex officio, non-voting representative from the State of Washington
Department of Ecology.
(g) One ex officio, non-voting representative from the Skagit County
Health Department.
(2) AuxiliaryMembers. The regular membershipof the Solid Waste Advisory
g
Committee may appoint auxiliary members for a specific time period to serve on
the committee in a non-voting capacity, for the purpose of providing specific
information, technical advice, and information of a general nature which is
pertinent to the committee's activities or any other form of assistance which will
aid the committee in carrying out its purposes.
12.3 Meetings. The Solid Waste Advisory Committee shall meet as required to carry-
out the purposes of the Committee. Meetings may be held at various locations within the County
with written notification to the membership and chairman designating the time and place of such
meetings. Meetings shall be held not less than quarterly. A quorum shall consist of a simple
majority of the members on the Committee, A majority of the total voting membership of the
Committee is required to pass a motion.
12.4 Transfer Station Oversight Sub-Committee. Provides operational and customer-
based input on Skagit County Transfer Station operations and serves as an advisory resource
to the Solid Waste Advisory Committee.
(1) Regular Members. The Transfer Station Oversight Sub-Committee shall
consist of one staff member each from Mount Vernon, Sedro-Woolley,
Burlington, Anacortes, Regional Disposal Company, Waste Management, Inc.,
Skagit River Steel and Recycling, and Skagit County Public Works.
(2) Meetings. The Transfer Station Oversight Sub-Committee shall meet every
year, or as needed, to carry out the purposes of the Committee including making
recommendations to the Solid Waste Advisory Committee.
13. SOLID WASTE SYSTEM GOVERNANCE BOARD.
13.1 Purpose. Any proposed changes or improvements significantly affecting the
operation of the System or which may directly or indirectly impact tipping fees (including, but not
limited to, tipping fee adjustments) or the siting of disposal facilities (herein collectively referred
to as "Significant Solid Waste Decisions") shall be submitted to the Solid Waste System
Governance Board (SWSGB) for final decision. Significant Solid Waste Decisions within the
scope of the SWSGB's purview shall include timely review and approval by a 60% supermajority
vote of the following matters, as recommended by the SWAG and/or the County in a manner
consistent with this Agreement:
13.1.1 Major capital improvements to the System. "Major capital improvements"
shall be defined as any capital expenditures in excess of Fifty Thousand Dollars ($50,000)
which modify the method or model of operation of the System.
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13.1.2 Designation of site(s) for inclusion within the System, provided that such
designation shall be consistent with the other provisions of this Agreement and the
Comprehensive Solid Waste Management Plan as approved by the Parties and adopted as set
forth in this Agreement;
13.1.3 Long-range plans for System expansion and construction. By December
31, 2011 the SWSGB shall produce a long-range plan for the System that encompasses the
ensuing twenty (20) year period (the "Long Range Plan"), in accordance with RCW
70.95.090(2). If the SWSGB fails to produce a Long Range Plan by December 31, 2011, the
Skagit County Board of Commissioners may adopt a Long Range Plan.
13.1.4 Requests for Proposals for privatization of all or any part of the System,
including approval of any System/Operator Agreement (or similar agreement) for private parties
(and/or third parties who are not signatories to this Agreement) seeking to become a part of the
System;
13.1.5 Changes to tipping rates, which shall be done in a manner consistent with
the other terms and conditions of this Agreement;
13.1.6 The annual operating and capital budget (Annual Budget) for the following
year. Provided, however, the SWSGB's approval shall be limited to approval of the overall
budget based on the adopted level of service ("LOS"), and shall not include the right to
disapprove individual line-item budget expenditures. The LOS shall be initially established as
the current LOS and may be amended from time to time by the SWSGB. Changes to the LOS
shall be made at least 180 days prior to the scheduled adoption of the Annual Budget. The
Annual Budget shall be prepared in conformance with the rate structure and LOS established by
the SWSBG.
The SWSGB may direct the County to perform and/or commission studies including, but no
limited to, rate studies, capital improvement studies, and comprehensive plan update studies as
are necessary toward making reasoned and informed Significant Solid Waste Decisions, all
costs of which shall be paid as System costs.
13.2 Powers Not Enumerated. Any powers not enumerated herein and assigned to
the SWSGB shall be retained by the Skagit County Department of Public Works.
13.3 Regular Members. The SWSGB shall consist of at least one representative of
each Party executing this Agreement.
13.4 Meetings. The SWSGB shall meet a minimum of at twice each calendar year, or
as often as otherwise needed to adequately deliberate upon and decide Significant Solid Waste
Decisions (as defined in Section 13.1, above), or for other purposes (such other purposes
including, but not limited to, review of the status of the solid waste disposal system, and review
of any recommendations from the Solid Waste Advisory Committee).
13.5 Decisions of SWSGB Initiated by County. The County shall retain responsibility
for day-to-day operations of the System. Without diminishing the power afforded the SWSGB
pursuant to ¶13.1, supra, the County may request a decision as to a Significant Solid Waste
Decision from the SWSGB. After submitting any Significant Solid Waste Decision to the
SWSGB that is within the scope set forth in Section 13.1 (above), the SWSGB shall render a
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decision within sixty (60) days. Upon a finding by the SWSGB that additional time is needed in
which to render a decision, the SWSGB may extend the decision timeline for an additional 60
days. In addition to the foregoing, upon a finding by the County Public Works Director that any
Significant Solid Waste Decision constitutes an emergency that threatens the operation of the
System, the SWSGB may be convened on an emergency basis three (3) days after notice to
each Party to this Agreement. The County shall submit requests for decisions from the SWSGB
regarding Significant Solid Waste Decisions in writing. In the event that the County does not
receive a final written decision from the SWSGB within sixty (60) days (or 120 days if properly
extended as set forth above), the County may take action consistent with the best interests of
the System within the scope of the Significant Solid Waste Decision initially sought.
13.6 SWSGB Voting. All decisions of the SWSGB envisioned herein shall be done by
majority vote, and immediately reduced to writing and provided to the County. A quorum shall
consist of a simple majority of the Municipal members of the SWSGB. Counting of Municipal
members present for the purposes of a quorum shall be based on the presence of one
Municipal representative. A transcript shall be made of each SWSGB meeting. Each Party
shall have one vote weighted as outlined in Section 13.6.1 below.
13.6.1 Based on the 2000 U.S. Census establishing a total County population of 102,979
(and subject to modification after each new census), each Party's vote shall be
determined as follows:
The voting structure shall be based two-thirds on the population of each participating
municipality with the County's portion equal to the unincorporated population, and one-
third equally distributed to each entity. The following table summarizes the overall
allocation of votes expressed as percentages.
Anacortes 14,557 13.1
Burlington 6,757 8.1
Sedro-Woolley 8,658 9.3
Mount Vernon 26,232 20.7
La Conner 761 4.2
Hamilton 309 3.9
Lyman 409 4.0
Concrete 790 4.2
County 44506 32.5
Any decision of the SWSGB under this Agreement must obtain a 60% majority.
13.7 Extraordinary Veto by Board of Commissioners. The Skagit County Board of
Commissioners (by action of the Skagit County Board of Commissioners) may veto any final
decision of the SWSGB within thirty (30) days of any final decision by the SWSGB on the sole
grounds that a final decision of the SWSGB will: (a) jeopardize the long-term viability of the
System; (b),.impair the ability of the county to meet current solid waste contractual obligations
(c) be out of compliance with the adopted CSWMP, and adopted LOS, and/or (d) be contrary to
State law governing operation of the System. Any final decision of the SWSGB vetoed by the
Skagit County Board of Commissioners pursuant to this paragraph shall be returned to the
SWSGB for further deliberation. In the event the SWSGB and the Skagit County Board of
County Commissioners cannot agree after veto and remand of any final decision within twenty
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(20) days, the matter shall be submitted to final, binding arbitration before a single arbitrator to
be selected within thirty (30) days by the Presiding Judge, Skagit County Superior Court. The
arbitration shall be held at a mutually convenient time and location with Skagit County, not less
than forty-five (45) days after the selection of the arbitrator. Any arbitration shall apply the laws
of the State of Washington. Each Party shall bear its own costs and fees in the event of any
such arbitration. The Parties must each submit a concise statement setting forth a proposed
resolution to the dispute, from which the arbitrator shall choose on the basis of its consistency
with this Agreement. The arbitrator's decision shall be final and binding on the Parties. All
matters arising under this agreement shall be deemed arbitrable including questions of
procedural arbitrability. The arbitrator may award the prevailing Party their reasonable attorney
fees and costs, including expert and consultant fees. Any arbitrated dispute shall be maintained
by individual Parties to this Agreement and not the System, and attorney fees and costs fixed by
the arbitrator shall not be assessed as System costs. The arbitrator's decision may be entered
by any Party in Skagit County Superior Court.
14. NO THIRD PARTY BENEFICIARIES: This Agreement is not entered into with
the intent that it shall benefit any Municipality not signing this Agreement and no other person or
entity shall be entitled to be treated as a third party beneficiary of this Agreement. This
Agreement is not intended to nor does it create any third party beneficiary or other rights in any
third person or party, including, but not limited to, any agent, contractor, subcontractor,
consultant, volunteer, or other representative of either party. No agent, employee, contractor,
subcontractor, consultant, volunteer, or other representative of the Parties shall be deemed an
agent, employee, contractor, subcontractor, consultant, volunteer, or other representative of any
other party.
15. SEVERABILITY: In the event any term or condition of this Agreement or
application thereof to any person or circumstances is held invalid, such invalidity shall not affect
other terms, conditions or applications of this Agreement which can be given effect without the
invalid term, condition, or application. To this extent and end the terms and conditions of this
Agreement are declared severable.
16. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions
agreed upon by the Parties. All items incorporated herein by reference are attached. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto.
17. COMPLIANCE WITH LAWS: The Parties to this Agreement shall comply with all
applicable federal, state, and local laws, rules, and regulations in carrying out the terms and
conditions of this Agreement. The Parties shall obtain and comply with any and all necessary
permits and approvals from all applicable jurisdictions prior to commencing any work related to
this Agreement.
18. VENUE AND CHOICE OF LAW: In the event that any litigation should arise
concerning the construction or interpretation of any of the terms of this Agreement including the
enforcement of the arbitrator's judgment, the venue of such action of litigation shall be in the
Superior Court of the State of Washington in and for the County of Skagit. This Agreement shall
be governed by the laws of the State of Washington.
19. CAPTIONS & COUNTERPARTS: The captions in this Agreement are for
convenience and reference only and do not define, limit, or describe the scope or intent of this
Agreement. This Agreement may be executed in any number of counterparts, and each such
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counterpart hereof shall be deemed to be an original instrument, but all such counterparts together
shall constitute but one agreement.
20. TIME OF PERFORMANCE: Time is specifically declared to be of the essence of
this Agreement and of all acts required to be done and performed by the Parties hereto.
21. NO SEPARATE ENTITY: It is not the intention that a separate legal entity be
established to conduct this cooperative undertaking, and no separate legal entity is established
by this Agreement.
22. NEUTRAL AUTHORSHIP: Each of the terms and provisions of this Agreement
have been reviewed and negotiated, and represents the combined work product of the Parties
hereto. No presumption or other rules of construction which would interpret the provisions of
this Agreement in favor of or against the Party preparing the same shall be applicable in
connection with the construction or interpretation of any of the provisions of this Agreement.
The Parties represent that they have had a full and fair opportunity to seek legal advice with
respect to the terms of this Agreement and have either done so, or have voluntarily chosen not
to do so. The Parties represent and warrant that they have fully read this Agreement, that they
understand its meaning and effect, and that they enter into this Agreement with full knowledge
of its terms. The Parties have entered into this Agreement without duress or undue influence.
SKAGIT COUNTY
Contract # C20080306
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N W TNESS WHEREOF, the Parties have executed this Agreement this.Oday
of , 2008.
fli
APPROVED: = SEAL
BOARD OF COUNTY COMMISSIONERS /;5
SKAGIT COUNTY, ASH NGTON �• WASN�N'Q?�\
ii i 1111.6\\
ttfn M
DON MUNKS, Chairman
Y,‘„a a r1,tk�
KENNETH A. DAHLSTEDT, Commissioner
i
SHARON D. DILLON, Commissioner
Recommended:
By: =�t-ti-- GZy
DeparIment Head
By: ,L1x,ri ,
Budget &Finance(Administrator
Approved as to Indemnification:
By: ---6t
Risk Manager
Approved as to F
By:
Deputy Prosecutin ttorney
Attest:
Cler a Bo rd
Page 12 of 21
SKAGIT COUNTY
Contract # C20080306
Page 12 of 21
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
I certify that I know or have satisfactory evidence that Sharon Dillon, Don Munks, andMif
Kenneth A. Dahlstedt is/are the person(s) who appeared before me, and said person(s)
acknowledged that she/he/they signed this instrument, on oath stated that she/he/they
was/were authorized execute the instrument and acknowledged it as Commissioner(s) of Skagit
County, to be the free and voluntary act of such Party for the uses and purposes herein
mentioned.
DATED this`!J; day of I , 2008.
� 'AWL, Nota blic0 ������i
ol�E P. *IEa$4 ,, print na • 77Nfc 43GFfT"
• .•'NOTAgycy Residing ou -c- et40
MY Comm. Expu,s - My co fission expires nq
94.2004
WASN�\\`� •
SKAGIT COUNTY
Contract # C20080306
Page 13 of 21
Page 13 of 21
CITY OF MOUNT VERNON:
B D NOR IS, yor
(Date Li Z2 2cce )
Mailing Address:
City of Mount Vernon
910 Cleveland Avenue
P.O. Box 809
Mount Vernon WA, 98273
STATE OF WASHINGTON )
SS
COUNTY OF SKAGIT
I certify that I know or have satisfactory evidence that Bud Norris is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized execute the instrument and acknowledged it as Mayor of the
City of Mount Vernon, to be the free and voluntary act of such Party for the uses and purposes
herein mentioned.
DATED this el
day of Pcpr- i 1 , 2008.
(SEAL) PA-f-A- -
GRECj,� Notary Public
�,tstoH Eta. ,;�
f9 . print name: Rex r l A C I�CC��i S�'(K i n
1 �llk° NOTARY Residing at mmvtf Vernon
My commission expires 7/3/Zei
\4yj
OF wp,S
APPROVED AS TO FORM
MOUNT .._ .. ! Y ATTORNEY
LA-. 1- "V-1, /
SKAGIT COUNTY
Contract # C20080306 Page 14 of 21
Page 14 of 21 --
CITY OF ANACORTES:
DEAN MAXWELL, M or
(Date '-//!(o/oe
Mailing Address:
City of Anacortes
City Hall
P.O. Box 547
Anacortes, WA 98221
STATE OF WASHINGTON )
) SS
COUNTY OF SKAGIT )
I certify that I know or have satisfactory evidence that Dean Maxwell is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized execute the instrument and acknowledged it as Mayor of the
City of Anacortes, to be the free and voluntary act of such party for the uses and purposes
herein mentioned.
DATED this � day of 4 1 2 .
(SEAL) e
Notary Public
print name:Cb(62,24.+ Z. wit,
Residing at 3ust -F4,,,
My commission expires gitgoilf
P0171;
<41
g ,;r 0
5
6.1 rE pF�yP
SKAGIT COUNTY
Contract # C20080306
Page 15 of 21
Page 15 of 21
CITY OF BURLINGTON:
ED BRUNZ Mayo ,
(Date tf�ay / )
Attest:
GREG THRA R, Finance Director
Approved as form:
SCOTT G. HOMAS, City Attorney
Mailing Address:
City of Burlington
833 South Spruce Street
Burlington,WA 98233
STATE OF WASHINGTON )
)SS
COUNTY OF SKAGIT )
I certify that I know or have satisfactory evidence that Ed Brunz is the person who
appeared before me,and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized to execute the instrument on behalf of the City of Burlington
and acknowledged it as Mayor of the City of Burlington,to be the free and voluntary act of such
party for the uses and purposes herein mentioned.
DATED this �'-Ek` day of April,2008.
.--''''.\\
`-�"EY '1C Notary Public
? ass;ou t-r,0'r print name: + � (t�
f NOTARY `� Residing at .01.
``1 My commission expires tid-11,,7-01 t
u, , PUBLIC 2
'{ \ 17-22-2011 O
QC. WASH`\s
SKAGIT COUNTY
Contract # C20080306 Page 16 of 21
Page 16 of 21
CITY OF SEDRO-WOOLLEY:
MIKE AND RS4N, Mayor
(Date
Mailing Address:
Sedro-Woolley City Hall
720 Murdock Street
Sedro-Woolley, WA 98284
STATE OF WASHINGTON )
SS
COUNTY OF SKAGIT )
I certify that I know or have satisfactory evidence that Mike Anderson is the person who
appeared before me, and said person acknowledged that she/he signed this instrument, on oath
stated that she/he was duly authorized execute the instrument and acknowledged it as Mayor of
the City of Sedro-Woolley, to be the free and voluntary act of such party for the uses and
purposes herein mentioned.
DATED this IC. day of Arc-, i 2 8.
(SEAL) E_ eRf
Notary ublic
print name: n tteev1
P Residing at Zur{i a,,i W/\•AOINIVI%
o My commission expires qfi2(20(i
G
� 9-1
11
OF
SKAGIT COUNTY
Contract # C20080306
Page 17 of 21 Page 17 of 21
TOWN OF LA C?N.NER:
I
2--
RAMON HAYES, Mayor
(Date IL . b )
Mailing Address:
Town of La Conner
P.O. Box 400
La Conner, WA 98257
STATE OF WASHINGTON )
SS
COUNTY OF SKAGIT )
I certify that I know or have satisfactory evidence that Ramon Hayes is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized execute the instrument and acknowledged it as Mayor of the
Town of La Conner, to be the free and voluntary act of such party for the uses and purposes
herein mentioned.
DATED this t6 day of 4rf , 20 .
(SEAL) C
o,
Notary Pu lic,,
print name: C.oaeevt �.
Residing at DAJ-1 4.f tu4
My commission expires /Ir=-hocr
CE. PYARY I-
U81-1C e12-2011l�FWASH`
SKAGIT COUNTY
Contract # C20080306
Page 18 of 21
Page 18 of 21
v
TOWN OF CONCRETE:
)114144.?„6....--‘
udd Wilson, Mayor
(Date 644B-0a
Mailing Address:
Town of Concrete
P.O. Box 39
Concrete, WA 98237
STATE OF WASHINGTON )
) SS
COUNTY OF SKAGIT
I certify that I know or have satisfactory evidence that Judd Wilson, Jr. is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized execute the instrument and acknowledged it as Mayor of the
Town of Concrete, to be the free and voluntary act of such party for the uses and purposes
herein mentioned.
DATED this 13 day of lqpr, ( , 20 8.
- No ary Publicrk
If 4,-1 print name: L0(',r ': -j
:�J �T too Z• Residing at _`�Y1ic i-I [.�4
,mot � ,�s ``
>z ti • < My commission eicpires l ;� I I
C,VII 's , (rc ti
SKAGIT COUNTY
Contract # C20080306
Page 19 of 21 Page 19 of 21
TOWN OF LYMAN:
DEBRA HEIN AN, Mayo
(DateO , -O$-r }
Mailing Address:
Town of Lyman
PO Box 1 248
8334 S Main St.
Lyman, WA 98263-9800
STATE OF WASHINGTON )
) SS
COUNTY OF SKAGIT }
I certify that I know or have satisfactory evidence that Debra Heinzman is
the person who appeared before me, and said person acknowledged that she
signed this instrument, on oath stated that she was duly authorized execute the
instrument and acknowledged it as Mayor of the Town of Lyman, to be the free
and voluntary act of such party for the uses and purposes herein mentioned.
DATED this SI day of aPj , 2008.
Notary Public PO-C--hch't 6 (347)
Print name: 6- &Add
Residing at
My commission e(pires G ,g 3-? ,(.9.o�r
Notary Public
State A f Washington
Dt'C3ORA E BOYD
MY COMMISSION EXPIRES
April 27, 2011
SKAGIT COUNTY
Contract # C20080306 Page 20 of 21
Page 20 of 21
TOWN OF HAMILTON:
11-7-r-cg,dc /5 j
TIMOTHY BATES, Mayor
(Date Apr.. / / 60 r )
Mailing Address:
Town of Hamilton
584 Maple St.
P.O. Box 528
Hamilton, WA 98255
STATE OF WASHINGTON )
SS
COUNTY OF SKAGIT )
I certify that I know or have satisfactory evidence that Timothy Bates is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was duly authorized execute the instrument and acknowledged it as Mayor of the
Town of Hamilton, to be the free and voluntary act of such party for the uses and purposes
herein mentioned.
DATED this lie ik'day of j .4 , 2008.
- (SEAL) k •It41 611/a
•' a BURt(Et Notary Pub
Exit print name: G IIitr k
eek
474e
� Residing at II
1 a �0 0 ` My commission expire AR-31-fp571 0-‘100$ Page 21 of 21
3
12 . SKAGIT COUNTY _
7- W OF 0"` Contract # C20080306
Page 21 of 21