2007/11/21 Council Agenda Packet

rd MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EVERETT AND KING COUNTY FOR THE UTILIZATION OF COUNTY -OWNED BIOSOLIDS APPLICATION EQUIPMENT THIS AGREEMENT is made and entered into this day of 2007 between King County by and through its Department of Natural Resources and Parks (hereinafter "County") and the City of Everett (hereinafter "City"). This agreement is valid for a period of five years ending December 31, 2012 and must be renewed thereafter. WHEREAS, biosolids are primarily organic solids resulting from wastewater treatment processes that can be beneficially recycled. Biosolids are a valuable commodity that can be utilized for its fertilizer and soil enhancement properties. WHEREAS, the County through its Department of Natural Resources and Parks has a 2 -year contract with Boulder Park, Inc. in Mansfield, WA (hereinafter `BPI") with an option of three, 2 -year extensions for a total of 8 years. The contract was initiated in May 2002 for the purpose of recycling biosolids on farmland in Douglas County. The contract has been extended through May 2008. As part of the BPI contract, the County provides equipment, (see attached "Equipment Lease Rate Table") while BPI provides operation and maintenance of the equipment (see section 2-11 from contract # 194846 for specific details). WHEREAS, the City desires to enter into a contract with BPI utilizing some of the terms and conditions of the contract between the County and BPI. The City desires to utilize the biosolids application equipment provided by the County to BPI for the application of the City's biosolids in accordance with all applicable federal, state and local regulations and on properties separate from those previously utilized WHEREAS, the County and the City recognize that by supporting a regional approach to biosolids management through their memberships in the Northwest Biosolids Management Association (NBMA) they promote cooperation between regional jurisdictions, biosolids users, local permitting authorities and surrounding communities. Furthermore the County and the City recognize that it can be cost effective and an efficient use of public resources to enter into agreements associated with biosolids recycling projects. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the parties agree as follows: PURPOSE OF AGREEMENT: The purpose of this Agreement is to allow the City to utilize the biosolids application equipment currently provided to BPI by the County for the application of the County's biosolids, as described in contract # 194846 "Biosolids Application Service Agreement". RESPONSIBILITIES OF PARTIES: A. Coun . The County agrees that it will, by and through its in-house staff, consultants or contractors perform the following: (1} Provide access/use by the City to all the equipment currently supplied to the BPI as part of the Boulder Park Soil Improvement Project, contract # 194846. (2) All equipment will be maintained and operated by BPI per the contractual agreement between the County and BPI per contract # 194846. (3) Equipment will be replaced and/or refurbished per an equipment replacement schedule which is part of the Rate Determination Table, (see attached "Equipment Lease Rate Table") which is incorporated by 47 reference as if fully stated herein.