2015/08/19 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA ITEM COVER SHEET on PROJECT TITLE: Consent COUNCIL BILL # Expenditure Required First Amendment to Joint Use X Action Originating Department Public Works Agreement with Kimberly- First Reading Contact Person Dave Davis Clark Regarding the Deep Second Reading Phone Number 425-257-8913 Water Outfall Third Reading FOR AGENDA OF 8/19/15 Public Hearing Briefing Initialed by: Department Head CAA Council President ON Location Preceding Actions Attachments Department(s) Approval Waterfront June 2, 1999 Joint Use Agreement First Public Works, Legal, Amendment Administration Amount Budgeted Expenditure Required Account Number(s): Budget Remaining Additional Required DETAILED SUMMARY STATEMENT: In 1999, the City and Kimberly-Clark (K -C) agreed to jointly build a deep water outfall into Possession Sound. The outfall was built and owned by K -C, and, until K -C mill shut down, was shared by the City and K -C for discharging treated wastewater. The City and K -C shared operation and maintenance costs. This outfall is the principal discharge point for the City's wastewater effluent and accordingly is critical infrastructure. The outfall is governed by the June 2, 1999 Joint Use Agreement between Kimberly-Clark and the City. That agreement states that, in the event that the K -C mill closes, the City will take over the outfall. The attached amendment to the Joint Use Agreement is a primarily technical document that accomplishes this previously anticipated takeover, transferring the outfall to the City - to own, operate and maintain. RECOMMENDATION (Exact action requested of Council): Authorize the Mayor to sign the First Amendment to Joint Use Agreement with Kimberly-Clark regarding the Deep Water Outfall, in substantially the form provided. 25