2007/11/21 Council Agenda Packet

M B. City. The City agrees that it will, by and through its in-house staff, consultants or contractors perform the following: (1) Enter into a separate contract with BPI if it elects to utilize the County's equipment and understands that only BPI can operate and maintain the equipment. (2) Will comply with all applicable federal, state and local regulations. (3) Will secure and utilize different properties for the City's biosolids separate from those properties utilized at any time by the County for its biosolids. (4) Will reimburse the County directly on an applied ton basis for the use of County equipment maintained and operated by BPI for the application of the City's biosolids. (5) The City will record the applied tons in a method that is clear and accurate to ensure that fair and proper reimbursement is rendered to the County. This record will be supplied to the County in a monthly statement. BILLING AND PAYMENTS: A. The City will reimburse the County directly at a rate of $2.66 per applied ton. The rate is based on equipment cost, replacement and depreciation, divided by the County's average annual tonnage recycled at the project site. See Equipment Lease Rate Table for details. B. The City will submit a monthly statement to the County that clearly shows the number of tons applied and the date of application. The statement is due within 45 days of application and will be sent to: King County Department of Natural Resources and Parks Technology Assessment and Resource Recovery Attn: Lisa Vogel 201 S. Jackson Street, KSC-NR-0512 Seattle, WA 98104-3855 C. The County, after receipt and verification of the statement, will submit an invoice to the City for payment. The invoice will be sent to: City of Everett Public Works / WPC Facility Attn: Chris Chesson 3200 Cedar Street Everett, WA 98201 D. The City shall pay the invoice and will remit payment to the address specified on the invoice. AUDITS: All payments and support documentation associated with payments to the County from the City shall be subject to audit as required by state and federal law and regulations. Adjustments to payments to the County will be made in accordance with audit findings and conclusions after discussions between the City and the County. LIMITATIONS: A. Since the County operates on an annual adopted budget and cannot operate without this appropriation, the County cannot make assurances with regard to equipment availability beyond each calendar year. B. The County has first -right of usage as it relates to County provided equipment.