Loading...
13-020.00 City of Spokane, Spokane County: Solid Waste MOUCITY CLERK FILE # CPR 2013 -0095 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SPOKANE VALLEY, WASHINGTON, AND THE CITY OF SPOKANE, WASHINGTON, AND SPOKANE COUNTY, WASHINGTON, REGARDING REGIONA��OLID�V�3 TE MANAGEMENT THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into on this 0?2r7d day of , 2013, by and between the City of Spokane Valley, the City of Spokane, and Spokane County (hereinafter collectively referred to as the "Parties "). RECITALS WHEREAS, the City of Spokane, a first -class charter city duly organized and existing under and by virtue of the laws of the state of Washington, provides regional services via the Spokane Regional Solid Waste Management System ( "System ") related to the transfer and disposal of solid waste within the unincorporated areas of Spokane County, the City of Spokane, the City of Spokane Valley, and all other incorporated cities in Spokane County (all areas together, the "Region "); and WHEREAS, Spokane County, the City of Spokane Valley, and other Regional cities executed interlocal agreements with the City of Spokane to participate in the System, all of which expire or come due for renewal in November of 2014; and WHEREAS, over the past five years there have been ongoing discussions regarding whether to continue the System in its existing configuration, or to explore alternatives to the existing System configuration; and WHEREAS, there is not sufficient cost information relative to the alternatives to the existing System configuration for the Parties to make a decision on extension of the interlocal agreements; and WHEREAS, the Parties desire to collaborate on the funding of a study to identify and estimate costs for alternatives to the existing System configuration; and WHEREAS, the City of Spokane, the City of Spokane Valley, and the County are authorized by chapter 39.34 RCW to enter into agreements with each other for cooperative action, such as planning, construction, owning, financing, managing and operating solid waste facilities; and WHEREAS, the aforementioned recitals are found to be true and correct findings of fact; and WHEREAS, the City of Spokane, the City of Spokane Valley, and the County hereby find and determine that this MOU is mutually fair and advantageous to the City of Spokane, the 4- 60i� -o2o City of Spokane Valley, and the County; NOW, THEREFORE, between the Parties hereto, the City of Spokane, the City of Spokane Valley, and the County, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I DEFINITIONS As used in this MOU, the following words, unless the context otherwise dictates, have the following meanings: County means Spokane County, Washington, a class A county of the state of Washington. Budget means the contract amount for the consultant to conduct Phase I of Evaluation of County -Wide Transfer and Disposal System Alternatives. MOU means this Memorandum of Understanding between the City of Spokane, the City of Spokane Valley, and the County for the study of alternatives and costs to the existing System configuration. Region means all municipalities that are members of the Spokane Regional Solid Waste System and all areas served by the System. Solid Waste Regional Solution means County -wide collaboration between the Parties to determine solid waste management plans for the Region, which may consist of the use of existing or new solid waste facilities and services and which may be offered and entered into jointly or separately as determined to be in the best interest of each of the Parties. System means the Spokane Regional Solid Waste System. ARTICLE II COOPERATIVE PROJECT Section 2.1. Purpose of this MOU. The purpose of this MOU is to set forth an agreement between the City of Spokane, the City of Spokane Valley, and the County relating to the sharing of the financing for a study to identify the costs of all reasonable solid waste transfer and disposal alternatives within the Region as a means to find a Solid Waste Regional Solution. Section 2.2. Cooperative Nature of the Project. The City of Spokane, the City of Spokane Valley, and the County hereby recognize the regional nature of solid waste management, and a commitment to a Solid Waste Regional Solution. To achieve a beneficial Solid Waste Regional Solution, the Parties hereby declare their intent to collaboratively fund a study to identify and estimate costs for System alternatives. -2- Section 2.3. Project Scope. The project is a study to evaluate several alternatives for transport and disposal of solid waste, in accordance with the Request for Proposals for Evaluation of County -Wide Transfer and Disposal System Alternatives -Phase I, attached hereto as ATTACHMENT A. Section 2.4. Project Funding. The estimated maximum Budget for Phase I of the study is Seventy -Five Thousand Dollars ($75,000). The City of Spokane agrees to contribute one hundred percent of the cost of the study up to Forty -Six Thousand Dollars ($46,000). The County agrees to pay fifty percent of the balance of the cost of the study, which is estimated to be Fourteen- Thousand Five Hundred dollars ($14,500) based upon the Seventy Five Thousand Dollars ($75,000) Budget estimate. The City of Spokane Valley agrees to pay fifty percent of the balance of the cost of the study, which is estimated to be Fourteen- Thousand Five Hundred dollars ($14,500) based upon the Seventy Five Thousand Dollars ($75,000) Budget estimate. The County will send invoices to each of the Parties for their share of the work following the receipt of invoices from the consultant. Each party will reimburse the County within thirty (30) days of receipt of invoice. Section 2.5. Project Management. The County will issue the Request for Proposals for Evaluation of County -Wide Transfer and Disposal System Alternatives, and select the consultant in collaboration with the City of Spokane and City of Spokane Valley. The consultant shall provide the services described in the Request for Proposals to both the County and City of Spokane Valley in the manner described in the Request for Proposals. ARTICLE III MISCELLANEOUS Section 3.1. Amendment of this MOU. Amendment of this MOU may be made only by written agreement of the City of Spokane, the City of Spokane Valley, and the County. Section 3.2. Duration and Termination of this MOU. (a) This MOU shall be in effect until Phase I of the study is completed, or December 31, 2013, whichever occurs first. -3- (b) Except as otherwise provided herein, this MOU may be terminated early only by mutual agreement of the City of Spokane, the City of Spokane Valley, and the County. Section 3.3. Regionalization of Solid Waste Management. Nothing in this MOU shall preclude the City of Spokane, the City of Spokane Valley, and/or the County from participating in efforts to form a new regional solid waste management entity, revising the existing System, or from providing solid waste management facilities and services separately; provided no new entity, revised System, or separate services shall exist or be provided until after November 16, 2014. Section 3.4 Organization of Separate Entity and its Powers. No new or separate legal entity is created to administer the provisions of this MOU. Section 3.5 Property Upon Termination. No property will be created under this MOU. Section 3.6 No Abrogation Nothing in this MOU is intended to limit or abrogate the Parties' existing rights or obligations under existing law. Section 3.7. Waiver. No officer, employee, agent or otherwise of the City of Spokane, the City of Spokane Valley, or the County has the power, right, or authority to waive any of the conditions or provisions of this MOU. No waiver of any breach of this MOU shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this MOU or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City of Spokane, the City of Spokane Valley, or the County to enforce at any time any of the provisions of this MOU, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this MOU or any part hereof, or the right of the City of Spokane, the City of Spokane Valley, and/or the County to hereafter enforce each and every such provision. Section 3.8. Headings. The section headings in this MOU have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, limit or extend the scope or intent of the sections to which they appertain. Section 3.9. All Writings Contained Herein. This MOU contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this MOU shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of the provisions of this MOU, and now state that no representation, promise, or agreement not in expressed in this MOU has been made to induce the parties to execute the same. Section 3.10. Filing of this MOU. The County shall file this MOU with the County Clerk, County Auditor and Secretary of State, with a copy of such filings to the City of Spokane Clerk and City of Spokane Valley Clerk. Section 3.11. Severability. In the event any provision of this MOU shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Section 3.12. Effective Date. This MOU shall become effective immediately after it is fully executed by the City of Spokane, the City of Spokane Valley, and the Board of County Commissioners of the County. IN WITNESS each of the parties has executed this MOU by their duly authorized officials. DATED as of this - o IW day ofLTIgV, 2013. TTEST: Daniela Erickson, Clerk of the Board of County Commissioners 1 ,3— v D'' (SEAL) ov Coss EC '• r0 cp SEAL..' 4T "Z� C, )7n" 9 Al French, Vice -Chair To d Mielke, Commissioner -5- DATED as of this day of F:Q� , 2013. ATTEST: City Clerk rx.pproved as to form: Z-�, ��� Ne momey 0 ATTACHMENT A-STATEMENT OF WORK(SOW) 1.0 INTRODUCTION 1.1 BACKGROUND AND PURPOSE Spokane County is initiating this Request for Proposals (RFP) to solicit submittals from firms interested in providing an evaluation of the options available to the County and the City of Spokane Valley for transfer and disposal of municipal solid waste(MSW). Spokane County is initiating this RFP on behalf of itself and the City of Spokane Valley. Spokane County and the City of Spokane Valley have entered into a Memorandum of Understanding to jointly acquire and utilize the firm selected through this RFP. The firm selected shall provide the services described herein to both Spokane County and the City of Spokane Valley. The Spokane Regional Solid Waste System (System) was created in 1988 by Interlocal agreement between the City of Spokane and Spokane County. The City of Spokane Valley joined the System in 2003 when it incorporated. There are currently 14 member jurisdictions which represent all of incorporated and unincorporated Spokane County. The bonds that were issued to finance construction of the System facilities were refunded in 2011. Nearly all current interlocal agreements and contracts related to the System are set to expire November 16,2014. The current System is administered as a department of the City of Spokane. System Facilities consist of the Waste to Energy(WTE)Facility, a transfer station in Spokane Valley, and a transfer station in unincorporated northern Spokane County. All System Facilities are currently owned by the City of Spokane. As the end of the long-term commitment to the System approaches, there is a strong desire by Spokane County and the City of Spokane Valley to jointly investigate lower cost transfer and disposal options for their respective waste streams through alternative means, including public, private,or a combination of public and private provider(PPP)approaches. In Spokane County, new municipal solid waste transfer stations are considered Essential Public Facilities (EPF), and must go through the EFP siting process. Concurrent with this RFP, Spokane County will begin the EPF siting process for new transfer stations. Additional information about the management of solid waste in Spokane County is contained in the Spokane County Comprehensive Solid Waste Management Plan. Also, a copy of the transfer station appraisals will be made available upon request. Additional information about the specific facilities of the Spokane Regional Solid Waste System is contained in the 2009 Performance Audit. 2.0 SCOPE OF SERVICES It is anticipated that this evaluation will be conducted in three phases: 2.1 Phase I—Provide initial evaluation of transfer/disposal alternatives and estimated costs. Spokane County and the City of Spokane Valley are interested in having the successful firm provide an analysis of tipping fee cost estimates for the transfer and disposal of solid waste as compared to the estimated tipping fees of the System. Alternatives for transfer and disposal of solid waste to be considered include: 1. Purchasing and utilizing one or both of the two existing City of Spokane transfer stations (North County and Valley).Recent appraisals of those facilities are available upon request. 2. Building new transfer station(s). 3. Combination of options 1 and 2. For each option,include analysis of differences in cost estimates for public purchase and operation, private purchase and operation,or mixed PPP purchase and operation. These facilities may be used by unincorporated Spokane County,the City of Spokane Valley, and potentially most of the smaller cities located within Spokane County. An assumption to be included in the tipping fee cost estimates is that the transfer stations will continue to provide the user citizens the ability to self-haul their solid waste,recyclables,clean green and moderate risk waste. The tipping fee cost estimates will also include additional costs to Spokane County for compliance with all of the required elements of RCW 70.95 and RCW 70.105. Unincorporated Spokane County and the City of Spokane Valley are served by WUTC certificated haulers. Purchase or acquisition of the existing transfer stations may require transfer of MSW to the WTE Facility for a period of 5 to 10 years. Provide in each option an analysis of delivery of MSW to the WTE Facility for 5 years and 10 years. Identify in the cost analysis the viability of use of existing rail facilities to provide long haul disposal (currently facilities exist at the Yardley Rail Yard, owned by Burlington Northern Santa Fe). The product of Phase I will be a technical memorandum of the comparison of cost estimates for each option to the existing system. The technical memorandum shall also summarize the analyses and assumptions that produced the cost estimates for tipping fees associated with transfer and disposal of solid waste. The memorandum shall provide established timelines for the various options, including any timelines for design, permitting and construction of any required new facilities. If facilities cannot be purchased or constructed by November 2014, provide necessary interim plans and associated costs, including either extension of the use of the existing System or interim use of long hauling. At the end of Phase I, Spokane County and the City of Spokane Valley will each determine which scenario to carry forward into Phase II. The scenario(s) selected may be joint with both entities or separate for each entity and may include use of the existing System. 2.2 Reporting Requirements and Timeline. 1.A draft report shall be submitted within(?)weeks of contract start date. 2.A final report shall be submitted within three weeks of receiving all comments on the draft report. In addition to any trip(s) to Spokane to collect data, the firm selected should budget four separate trips,each of one day's duration,to attend meetings with Spokane County and the City of Spokane Valley to present the results of the project to staff and elected officials. 2.3 Phase II—Develop detailed option analysis. A separate budget and timeline will be negotiated for Phase II and Phase III after Phase I is completed. In Phase II, the consultant will perform a detailed analysis of each entity's selected scenario to allow implementation of that option, including selection, acquisition, purchase or construction of transfer stations and an evaluation of the most advantageous means to forming a PPP, if that scenario is selected. 2.4 Phase III—Implementation In Phase III, the consultant will assist in implementing the option selected by each entity, which may include assisting in preparing any necessary Requests for Proposals, assisting in the selection of a PPP firm, as necessary and assisting in the negotiation of a service agreement for a PPP. All such services may be provided jointly to Spokane County and the City of Spokane Valley or separately to each entity depending upon which option each entity selects.