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HomeMy WebLinkAboutC20080306 Contract Modification A20100124 cc- SKAGIT COUNTY PUBLIC WORKS DEPARTMENT Scvaillbsd Aide 1800 Continental Place,Mount Vernon,WA 98273-5625 g51-tiNGo (360)336-9400 FAX(360)336-9478 Dpr November 30,2010 *0F•° � ,i3 . iti l Honorable Dean Maxwell Mayor,City of Anacortes P.O.Box 547 Anacortes, WA 98221 Dear Mayor Maxwell: Please fmd enclosed a copy of the fully executed Amendment No. A20100142 to the Interlocal Cooperative Agreement Between Skagit County and the Cities and Towns in Skagit County for Solid Waste Management, No. 20080306. Thank you for your assistance with the amendment process. Sincerely, Kevin Renz Solid Waste Division Manager Attachment IAA -- Amendment C r.) l 1 cc: File Public Works Director �/� After Recording Return to: Skagit County Public Works Department Attn: Kevin Renz, Solid Waste Division Manager 1800 Continental Place Mount Vernon,WA 98273 SKAGIT COUNTY Amendment#A20100124 Page 1 of 12 AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITIES AND TOWNS IN SKAGIT COUNTY FOR SOLID WASTE MANAGEMENT (SKAGIT COUNTY CONTRACT No. 20080306) THIS AMENDMENT (herein "Amendment") to that certain interlocal cooperative agreement (herein the 'Agreement" [defined herein below]) is made and entered into 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 ("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." WHEREAS, the parties have entered into an interlocal cooperative agreement (herein the "Agreement") dated April 30, 2008 (Skagit County Contract 4: C20080306) establishing the Solid Waste System Governance Board ("SWSGB"), and for purposes of solid waste management pursuant to the terms therein; and WHEREAS, the SWSGB has authorized the construction of the new Skagit County Transfer and Recycling Station; and WHEREAS, the construction of the new Skagit County Transfer and Recycling Station will require bond funding; and WHEREAS, in order to facilitate bond funding for the new Skagit County Transfer and Recycling Station, the parties mutually desire to modify the terms of the Agreement pursuant to the terms of this Amendment herein. NOW THEREFORE, in consideration of the forgoing, and following terms and conditions, the parties mutually agree as follows: 1 A. TERMS OF AMENDMENT: The terms of the Agreement are amended as follows: A.1. The following terms shall be included within Section 10. of the Agreement (DURATION; TERM OF AGREEMENT), and are amended, revised, modified, and/or supplemented to read as follows: 10.1 Subject to the terms of Section 10.2, the Parties agree to be bound by this Agreement until December 31, 2030, or until such time as the bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station have been fully satisfied and retired (whichever is sooner), or unless this Agreement is subsequently modified in accordance with the terms of this Agreement. This Agreement shall not sunset or expire, but shall continue in full force and effect. Individual Parties to this Agreement may, after December 31, 2030, or at such time as the bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station have been fully satisfied and retired (whichever is sooner), withdraw from this Agreement by giving sixty (60) days' notice to all other Parties to this Agreement, 10.2 Any Party to this Agreement may withdraw from this Agreement prior to the term of this Agreement as specified in Section 10.1, upon the full and complete satisfaction of all of the following conditions, and upon the following terms. (a.) The Party proposing early withdrawal from this Agreement must provide all other Parties with at least ninety (90) days written notice of intent to withdraw from this Agreement in accordance with the terms of this Section 10,2.; and (b.) The bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station must be eligible (according to the terms and conditions of the bonding obligations) for early payment (by the Party requesting withdrawal from this Agreement) at the time the request for early payment is made, and any such early payment must be expressly made in full accordance and compliance with the terms, restrictions, and conditions of said bonding obligations (as determined by the County); (c.) Any Party proposing early withdrawal from this Agreement must pay and satisfy in full its proportionate pro-rata share of the remaining bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station (including, but not limited to, principal and all past and future interest, and any fees, penalties, expenses, and/or charges arising from and/or related to the early payment in any way). The calculation of any Party's individual proportionate pro-rata share of the remaining bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station shall be made and provided only by the County, and shall be based upon the projected tonnage to be delivered to the System as per the respective Parties' waste deliveries for the preceding five (5) years, and shall be adjusted for future inflation and for projected population growth; and (d.) The SWSGB must approve any Party's request for early withdrawal from this Agreement by a simple majority vote; and (e.) Any Party who withdraws from this Agreement shall only be relieved of its future obligations for such Party's pro-rata share of the remaining bonding obligations associated with the construction of the new Skagit County Transfer and Recycling Station, and such withdrawal from this Agreement does not relieve any Party of such Party's obligation for other System Costs or liabilities. A.Z. Section 4. of the Agreement (COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN) is hereby amended, revised, modified, and/or supplemented to read as follows: 2 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 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 and 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. The County shall take steps to explore the potential implementation of mandatory curbside solid waste collection in all unincorporated areas of Skagit County, and also to explore the possible revision of County solid waste regulations (as per the Skagit County Code)to expressly include more detailed flow control terms. A.3. Section 13.1.1 of the Agreement is hereby amended, revised, modified, and/or supplemented to read as follows: 13.1.1 Major capital improvements to the System and the issuance of major system debt. "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. "Major system debt" shall mean debt securities, including bonds, debentures, or promissory notes in excess of Fifty Thousand Dollars ($50,000) issued to fund capital improvements or operations, and repaid by System revenues or other System financial resources. B. All other terms and conditions of the Agreement shall remain unchanged, unmodified, and in full force and effect. • ra IN WITNESS WHEREOF, the parties have executed this Agreement this 2day of uG� uS� 2010. APPROVED: BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Sharon D. Dillon, Chair ` . eye R n Wesen, Commissio er Kenneth A. Dahlstedt, Commissioner Recommended: B Department Head By: � Budget& Finance S ector Approved as to Indemnification: By: --r d2e.¢. ` c g/a f Z 6/o Risk Manager Approved as t or • By: eputy 'rosecu ing Attorney Attest: (44i A)0P ! ASsfR1M Clerk of the Boar 4 CITY OF MOUNT VERNON: , BUD NO RIS M yor (Date q11�110 ) 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 I day of SepteW' ' 2 4" , 2010. L) ict4, ,+ a - 9 eeiA /---- eC Notary Public f `+' ,;z� i��is> print name: C b 4F Residing at Movili-- Ve }korn t ', tn My commission expires 7f 3 f l 1 re Kevin Rogerson City Attorney City of Mount Vernon 6 CITY OF ANAGORTES: DEAN MAXWE ayor (Date 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 purpose herein mentioned. DATED thi&44n.day of . 7i a • ��.ifCi_` iyi" •�. if ar r.-Ilk ,?, i�i, NotaryPubii •. �� .. print name: "' Residing at y� IA G Iz s My commission expires W} . r,►f eIr7 kit IP a i+ y"4) 6 CITY OF BURLINGTON: ..-, .-1,-/a ED BRUNZ or (Date • / ._ /O 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 appeased 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 Burlington, to be the free and voluntary act of such rty for the uses and purposes herein mentioned. DATED this day o � , 2010. ea Ty (SEAT.) ssto a© Notary Public ��, Nprint name: e-c't-i- G t hoct4TARY N Residing at ed i &we a PUBLIC My commission expires I t-c -9 ;t p t1-01_241f • WASH* 7 CITY OF SEDRO-WOOLLEY: MI A I, M yor (Date Mailing Address: Sedro-Woolley City Hall 325 Metcalf 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-VVoolley, to be the free and voluntary act of such party for the uses and purposes herein mentioned. DATED this day of , 2010. (SEAL) efAAA Notary Public., print name:L vib r,, A- Residing at .SkQ f4- Co . CHRISTINE A. SALSE!NA My commission expires " -2-2-- 20/ 3 STATE OF 'AASHI.NGTON NOTARY PUBLIC 0.yy Comrnis:.i:sP Ex.'.as 7-22-2013 9 TOWN OF LA CONNER: RAMON HAYS , Mayor (Date , 2'] . 2A 1 D 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 to 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 hereiner mentioned. DATED this 7 (�-day of (.( f , 2010. (SEAL) cam. • f L Notary Public 11111/yf�� ,p Print name: CYNTHIA S.ROWE .A�,S. k_ 4 Residing at rXa G�vr r c, `gSlON ; e My commission expires ea-30'2-06/ IikoVAir im PUMP TOWN OF CONCRETE: . •D WILSON,Mayor Date F. : 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 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 a�3 day of , 01 . �.•�''144Dge,.1+r"1 Notary Public °,yr ' 1?4"/,� print name_ S � yr ` ; Residing at My commission expires 4§j L � ps y, . O _t r 7 f tity " 10 TOWN OF LYMAN: (— DEB HEIN N, Mayor (Date Mailing Address: Town of Lyman 8334 5 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 p{ day of , 2010. (SEAL) .4ds�t.a� (G R e.tJ Notary Public?, 'Q Notary Public print name: .p�c r F [,b,V� State of Washington Residing at 'r DEB©RA E BOYD My commission expires G7 i.. # „1011 MY COMMISSION EXPIRES April 27,2011 11 TOWN OF HAMILTON: /Set.2 . TIMOTHY BATES, Mayor (Date 9/.2A2ar`o 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 day of '• k2 2010. (SEAL) �'f 4 ilEilliiikiUlfty� Notary �- �‘‘"i�G,AI Eral/11, print name:. Ni iVs/r .,�`* �`Q*�,SIO;-----:f Residing at ti; 1'�vtc �Jt•� 4 ' My conimissionexpires. ' t N? - f 41A ''' K r**0,,` {rrr r;�s sisii 12