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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Project title: Biosolids Settlement Agreement <br />Council Bill # interoffice use <br /> <br />Project: Biosolids Settlement Agreement <br />Partner/Supplier: Silver Lake Water & Sewer District, Alderwood Water & Wastewater District, Mukilteo Water and Wastewater District <br /> Location: Utility owned agricultural property along Lowell-Snohomish River Rd. <br />Preceding action: Biosolids Tolling Agreement <br />Fund: Fund 401 – Water & Sewer Utility <br />Agenda dates requested: <br /> <br /> <br />Briefing <br />Proposed action <br />Consent 10/16/24 <br />Action <br />Ordinance <br />Public hearing <br /> Yes X No <br /> <br />Budget amendment: <br /> Yes X No <br /> <br />PowerPoint presentation: <br /> Yes X No <br /> <br />Attachments: <br /> <br /> <br />Department(s) involved: <br />Public Works, Legal <br /> <br />Contact person: <br />Ryan Sass <br /> <br />Phone number: <br />425.257-8942 <br /> <br />Email: <br />rsass@everettwa.gov <br />Initialed by: <br />RLS <br />Department head <br /> <br />Administration <br /> <br />Council President <br />Fiscal summary statement: <br />There is no exchange of funds resulting from this action. <br /> <br />Project summary statement: <br />Everett Public Works Utilities division purchased agricultural property from the City General Fund <br />in 2019 for the purpose of land application of biosolids. By purchasing the property, Everett <br />made available a local alternative in Western Washington that is often less costly than other <br />agricultural land biosolids application sites east of the Cascades. This helps ensure competitive <br />prices for hauling and land application of biosolids to the advantage of ratepayers. <br />Silver Lake Water & Sewer District, Alderwood Water & Wastewater District, and Mukilteo Water <br />and Wastewater District (the Districts) objected to paying cost sharing for the acquisition of the <br />property as a capital expense. In 2020, the Districts signed a tolling agreement with the City and <br />paid approximately half of the amount billed by Everett under protest while additional discussion <br />and negotiation could occur. This payment under protest was about $150,000. Later, the <br />Districts invoked the arbitration clause in the Biosolids Tolling Agreement. <br />After additional negotiation and discussion, the City and the Districts have determined that the <br />costs of an arbitration would likely exceed the value of the dispute. Under this settlement <br />agreement, the City retains all funds previously collected under the tolling agreement and the <br />Districts make no additional payment. <br /> <br />Recommendation (exact action requested of Council): <br />Authorize the Mayor to sign the Biosolids Settlement Agreement with Silver Lake Water & Sewer <br />District, Alderwood Water & Wastewater District, and Mukilteo Water and Wastewater District. <br /> <br /> <br />City Council Agenda Item Cover Sheet