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HomeMy WebLinkAboutWastewater Treatment, Disposal and Transport with Olympic View Water and Sewer District Interlocal Agreement Addendum 4ADDENDUM NO. 4 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 1 of 3 WHEREAS, the City of Mountlake Terrace, Olympic View Water and Sewer District, and the Ronald Sewer District (the “Participants”) and the City of Edmonds (the “City”), (collectively the “Parties”), all municipal corporations of the State of Washington, entered into a Professional Services Agreement for Wastewater Treatment, Disposal, and Transport (“Agreement”), for a term of thirty (30) years, from May 17, 1988 to May 17, 2018; and WHEREAS, in May 2017, the Parties entered into an Addendum to the Agreement to extend the term of the Agreement for two (2) years, through May 17, 2020, to allow time for issues between the Parties to be resolved; and WHEREAS, in April 2020, the Parties entered into Addendum No. 2 to the Agreement to extend the term of the Agreement for an additional three (3) months, through August 17, 2020, to allow additional time for issues between the Parties to be resolved; and WHEREAS, in August 2020, the Parties entered into Addendum No. 3 to the Agreement to extend the term of the Agreement for an additional eighteen (18) months, through February 17, 2022, to allow additional time for issues between the Parties to be resolved; and WHEREAS, on April 30, 2021, pursuant to chapter 35.13A RCW, the City of Shoreline assumed full and complete management and control of the Ronald Wastewater District (formerly Ronald Sewer District); and WHEREAS, the City of Mountlake Terrace, Olympic View Sewer and Water District, and the City of Edmonds recognize the City of Shoreline’s assumption and its acceptance of the contractual obligations previously agreed to by the Ronald Wastewater District and desire to amend the Agreement to reflect this assumption; and WHEREAS, the Parties have agreed to further extend the term of the Agreement for an additional twenty-four (24) months, through February 17, 2024 allow additional time for issues between the Parties to be resolved; WHEREAS, the Clean Water Act and federal rules require wastewater treatment plants that contribute to water quality impairments by discharging excess nutrients to take action to prevent this pollution. The Washington State Department of Ecology Puget Sound Nutrient General Permit, effective January 1, 2022, applies to the Edmonds WWTP since it discharges to marine and estuarine waters of Washington. Monitoring of the operations of the Edmonds WWTP is necessary to determine what capital or operational changes may be required to ensure compliance with the Puget Sound Nutrient General Permit. NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and among the Parties hereto as follows: ADDENDUM NO. 4 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 2 of 3 1. The Agreement of May 17, 1988, among the Parties, the term of which has been extended on three (3) previous occasions, is further amended in, but only in, the following respects: A. By executing this Agreement, the City of Mountlake Terrace, Olympic View Water and Sewer District, and the City of Edmonds accept the City of Shoreline as a Participant and as a Party to the Agreement. All rights, responsibilities, and obligations of the Ronald Wastewater District, formerly the Ronald Sewer District, shall be the rights, responsibilities, and obligations of the City of Shoreline. B. Term of Agreement: To extend this Agreement to February 17, 2024. 2. In all other respects, the underlying Agreement among the Parties and all extensions thereto, shall remain in full force and effect and unchanged. DATED this 1st day of March, 2022. CITY OF EDMONDS CITY OF MOUNTLAKE TERRACE By: Michael Nelson, Mayor Scott Hugill, City Manager ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: Scott Passey, City Clerk Virginia V. Clough, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: Office of the City Attorney Hillary J. Evans, City Attorney ADDENDUM NO. 4 TO AGREEMENT Wastewater Treatment, Disposal and Transport Page 3 of 3 OLYMPIC VIEW WATER AND CITY OF SHORELINE SEWER DISTRICT By: By: Title: Title: ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED: By: By: Title: Title: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Title: Title: