HomeMy WebLinkAbout_03-17-25 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Michele Blythe
1. Minutes of the March 3, 2025 Council meeting ATTACHMENT A
2. Accounts Payable ATTACHMENT B
PUBLIC HEARING
NEW BUSINESS
1. Resolution Declaring Property as Surplus ATTACHMENT C
Staff Presentation: Debbie Strotz
Council Liaison: Leisha Nobach
2. Public Safety Staffing ATTACHMENT D
Staff Presentation: Paul Ellis
Council Liaison: Rob Toyer
3. Public Defense Conflict Counsel Services ATTACHMENT E
Staff Presentation: Oskar Rey
Council Liaison: Mayor Pro Tem Michele Blythe
Arlington City Council Meeting
Monday, March 17, 2025 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
4. Resolution Declaring an Emergency for the Hauling of Biosolids ATTACHMENT F
Staff Presentation: Jim Kelly
Council Liaison: Debora Nelson
5. Contract Amendment with Boulder Park, Inc. as ATTACHMENT G
Biosolids Beneficial Use Facility
Staff Presentation: Jim Kelly
Council Liaison: Heather Logan
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
DRAFT
Page 1 of 2
Council Chambers 110 East 3rd Street Monday, March 3, 2025
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Leisha Nobach, Jan Schuette and Yvonne Gallardo-Van Ornam, who joined with Teams.
Council Members Absent: None.
Staff Present: Mayor Don Vanney, Paul Ellis, Mandy Kruger, Sheri Amundson, Amy Rusko, Jim Kelly, Rory Bolter, Andrea Hill, Jen Bilow, Mike Gilbert, Peter Barrett, Inci Yarkut, Justin Olson, Attorney Oskar Rey, Chelsea Brewer, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Randy Nobach, Ellis Nobach, Nathan Senff, Holly Sloan-Buchanan, Steve Maisch, Drew Bono, Kim Deisher-Allen, Joe Beardsley, Gayle Roeber, Jennifer Rancourt, Curtis Hirotaka, family of Justin Olson. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Police Commander Mike Gilbert introduced Justin Olson, who was promoted to Sergeant. Judge Jennifer Rancourt administered Sgt Olson’s oath of office, and his badge was pinned by his daughter. Mayor Vanney presented the Mayor’s Volunteer Award to Kim Deisher-Allen.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the February 18 and February 24, 2025 Council meetings 2. Accounts Payable: Approval of EFT Payments and Claims Checks #112735 through #112831 dated February 4 through February 18 for $1,254,018.55.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting March 3, 2025
Page 2 of 2
PUBLIC HEARING None.
NEW BUSINESS
Resolution Adopting the 2025 Comprehensive Plan Final Docket Community and Economic Development Deputy Director Amy Rusko requested Council approve the resolution adopting the 2025 Comprehensive Plan Final Docket. Councilmember Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve the proposed resolution adopting the 2025 Comprehensive Plan final docket and authorized the Mayor to sign the resolution. The motion passed unanimously.
Change Order No. 1 for 211th Place Improvement Project Public Works Director Jim Kelly requested Council approve Change Order No. 1 for the replacement of 2,000 linear feet of sanitary sewer force main on 211th Place. It was originally installed without sufficient burial depth cover (1993).
Councilmember Jan Schuette moved, and Councilmember Michele Blythe seconded the motion to approve the contract Change Order No. 1 to the 211th Place Improvement Project and authorize the mayor to sign it. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Nelson read a letter she sent to North County Regional Fire Authority. Councilmember Michele Blythe provided comments about North County Regional Fire Authority. Councilmember Nobach reminded Council of the Youth Dynamics auction Saturday.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis stated that the March 10 workshop is cancelled because he, the Mayor, and Councilmembers Gallardo-Van Ornam and Blythe will be in Washington, D.C. at the National League of Cities Congressional City Conference.
MAYOR’S REPORT None.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:29 p.m. _________________________________________ Don E. Vanney, Mayor
City of Arlington Council Agenda Bill CA #2 Attachment
March 17, 2025 Accounts Payable Claims Approval
Claims Approval
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
March 17th, 2025 Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of EFT Payments and Claims Checks #112832 through #112932 dated February 19th
through March 3rd for $741,525.17
Approval of Payroll EFT Payments and Check #30425 through #30430 dated February 1st,
2025 through February 28th, 2025 in the amount of $1,507,490.86
City of Arlington Council Agenda Bill NB #1 Attachment
March 17, 2025 Resolution Declaring Property as Surplus
Resolution with Exhibit A
Finance; Debbie Strotz, Procurement / Contracts Analyst EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: replaced. They require surplus declaration to be properly auctioned off. Also, upon 2025 department inventory review, there were some fixed assets that were determined to be non-functional and irreparable that would need declared as surplus for disposal.
The City has found that the most expedient way to deal with surplus vehicles and equipment that have any monetary value is to utilize the services of an on-line auction site.
ALTERNATIVES: None.
the resolution.
RESOLUTION NO. 2025-xxx
A RESOLUTION OF THE CITY OF ARLINGTON DECLARING CERTAIN
PROPERTY AS SURPLUS AND AUTHORIZING ITS SALE
WHEREAS, the City has purchased the equipment listed on the attached Exhibit "A"; and
WHEREAS, the equipment identified on Exhibit "A" is surplus to the needs of the City; and
NOW, THEREFORE, the City of Arlington, acting by and through its City Council, does hereby
resolve as follows:
1.The equipment/property described on the attached Exhibit "A" is declared Surplus to the
needs of the City.
2.Staff is instructed to trade in all items for the best available price, sell all items for the best
price or properly dispose of items that it is unable to sell. Staff is further authorized to
dispose of the property via an intergovernmental transfer pursuant to RCW 39.33.010.
Passed by the City Council of the City of Arlington at a regular meeting on this 17th day of
March, 2025.
_____________________________
Don E. Vanney, Mayor
ATTEST:
_______________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________________
Oskar Rey, City Attorney
EXHIBIT A
ASSET ID ITEM VIN/SN PLATE SURPLUS METHOD
4192 L-93 2015 Ford Explorer 1FM5K8AR4FGC68671 AUT0924 111,411 Auction
4194 L-95 2016 Ford Explorer 1FM5K8AR1GGC50713 60152D 133,703 Auction
4196 L-97 2017 Ford Expedition 1FM5K8AR5HGA24627 AXA8732 136,165 Auction
Assets for Disposal
(no salvageable value)
4565 n/a Hit by car
4561 n/a Hit by car
2735 X-Series Auger 10”204216
4508 Ph3 Analyzer-Benchtop Kit 12031
90088 Backpack blower 245246433
City of Arlington Council Agenda Bill NB #2 Attachment DCOUNCIL MEETING DATE: March 17, 2025 Public Safety Staffing
Memo from City Administrator
Police / Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Arlington. A member of the patrol team has been selected to be the training officer at the Arlington location. This is a three-year agreement; salary and benefits are reimbursed for the training officer. City Council is being asked to approve a three-year temporary position to backfill the opening created by the training officer appointment. The location of the new training center and appointment of an Arlington officer is creating a great partnership and collaboration for additional officer training.
The Washington State Criminal Justice Training Commission has opened a new Police Training Center in Arlington. The first class is scheduled to begin late March 2025. ALTERNATIVES:
appointment of a training officer to the WSCJTC.
MEMO City of Arlington Administration
To: City Council From: Paul Ellis, City Administrator Date: March 17, 2025 Subject: Back Fill Patrol Officer
The opening of a new police training center in Arlington by the Washington State Criminal Justice Training Commission is a great benefit to Arlington and the police agencies around us. This development marks a significant advancement in our public safety infrastructure and is poised to enhance the training and preparedness of our police force. A member of our patrol team has been selected for the esteemed position of training officer at this new location. This appointment serves as a three-year agreement, with provisions for salary and benefits to be fully reimbursed.
Key Points: 1.Training Center Overview:
•Location: newly opened police training center in Arlington
•Purpose: to enhance police training capabilities and resources2.Training Officer Appointment:
•Selected officer: [Officer's Name]
•Term: three-year commitment
•Financial arrangement: salary and benefits to be reimbursed by theWashington State Criminal Justice Training Commission3.Council Action Required:
•Proposal: approval of a three-year temporary position to backfill the vacancyresulting from the training officer’s appointment
•Implication: ensures continuity in patrol operations without servicedisruption4.Partnership and Collaboration:
•The new center and the involvement of an Arlington officer highlights thestrengthening of partnerships and collaborative efforts in officer trainingprograms, which is expected to yield long-term benefits for communitysafety.City Council is being asked to approve a temporary three-year police officer FTE to backfill the patrol position opening created by the training officer appointment.
City of Arlington Council Agenda Bill NB #3 Attachment
March 17, 2025 Agreement with Snohomish County Public Defender Association (SCPDA) for Public Defense Conflict
Proposed agreement with SCPDA
City Attorney, Oskar Rey, 206-447-2263 EXPENDITURES REQUESTED: $43,113 for 2025; $29,546 through 6/30/2026 BUDGET CATEGORY: General Fund – Police/Criminal Justice Budget BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: public defender, Feldman & Lee, P.S., has a conflict of interest. The City will pay a monthly rate for SCPDA to handle up to 38 conflict cases from March 2025 through June 2026. The parties will have the option of renewing the contract annually from that point on, with future contract rates based on the usage during prior contract periods. The monthly rate for the remainder of 2025 will be $3,954.91, and the rate for the first half of 2026 will be $4,341. This rate includes attorney time along with services that SCPDA provides in-house, such as investigators, social workers, and some translators. If additional expert services are approved by the Court, SCPDA will bill them separately. At this point, SCPDA estimates that those additional services will range from $4,000 to $10,000 annually,
The City has not had public defense conflict counsel under contract for approximately one year. During that time, judges at Snohomish County District Court, Cascade Division, have made “direct appointments” in conflict cases of criminal defense attorneys in Snohomish County who are not under contract with the City. SCPDA is an established and reliable provider of public defense services. Contracting with SCPDA will provide indigent defendants with consistent and high-quality legal services in cases where Feldman & Lee P.S. has a conflict of interest. It will also remove the administrative challenges of reviewing, negotiating, and paying invoices from individual attorneys appointed by the Court as conflict counsel. ALTERNATIVES:
conflict counsel services and authorize the Mayor to sign the agreement.
CONTRACT FOR SERVICES 1
{OER4904-1745-8470;1/13217.000002/}
AGREEMENT FOR INDIGENT DEFENSE CONFLICT COUNSEL SERVICES
This Agreement is made and entered into by and between the City of Arlington
(City) and Snohomish County Public Defender Association (“SCPDA”), a Washington
nonprofit corporation.
WHEREAS, the City provides indigent defense services to individuals who
have been certified for representation in criminal charges before the Snohomish
County District Court, Cascade Division (hereinafter "Municipal Court" or “Court”);
and
WHEREAS, the City desires to have conflict counsel services, as described in
this Agreement, performed by SCPDA for indigent persons legally entitled to appointed
representation in the City.
NOW, THEREFORE, in consideration of the mutual benefits to be derived,
the promises and covenants contained herein, and other good and valuable
consideration, the parties agree as follows:
I.DEFINITIONS
A.Contractor. Contractor shall mean SCPDA and each attorney working
for the SCPDA.
B.Defendant. Defendant shall mean a person charged with a
misdemeanor or gross misdemeanor offense that is filed into the Municipal Court for
whom the Contractor must provide services pursuant to Section II of this Agreement.
II.SCOPE OF WORK AND DUTIES OF CONTRACTOR
A.Criminal Defense Representation – To Whom Provided. Except in
cases in which a conflict of interest exists, Contractor shall provide criminal defense
representation to all defendants who are charged with a criminal offense which falls
within the jurisdiction of the Municipal Court, and for which the Contractor has been
appointed by the Municipal Court as attorney of record pursuant to the Court’s
determination of indigence of the defendant and a determination that a conflict of
interest exists with the law firm of Feldman & Lee, P.S.
B.Duration of Representation of Defendant. In cases in which the
Contractor is appointed as attorney of record, Contractor shall represent the
defendant at all stages of the criminal process, from the time of appointment by the
court as attorney of record through the appeals process, as well as during any period
in which the court retains jurisdiction over the terms and conditions of any sentence
or deferral.
CONTRACT FOR SERVICES 2
{OER4904-1745-8470;1/13217.000002/}
III.ATTORNEY-DEFENDANT INTERACTIONS
A.Contact Prior to Court Hearings. Contractor shall be available to
defendants to ensure that defendants are provided with effective assistance of
counsel. Defendant access to the Contractor prior to court hearings is paramount.
Contractor will seek timely and confidential information from each defendant
regarding possible defenses, the need for investigation, mental and physical health
issues, immigration status, client goals, and the advisability of additional discovery.
Defendants shall be provided access to the Contractor by means of a toll-free call.
B.Interactions on the Record. Contractor shall appear at all hearings, shall
actively represent each defendant while the defendant’s case is considered on the
court record, and shall keep the defendant adequately informed such that the
defendant proceeds in a knowing, intelligent, and voluntary manner.
C.Office or Meeting Space and Equipment Required. At all times during
the term of this Agreement, Contractor shall maintain an office, meeting space, and
appropriate technology to accommodate confidential meetings. Contractor shall also
maintain telephone, facsimile, electronic mail, internet services, cellular telephone
service, and a location at which mail and service of process is received.
D.Case Management System. The Contractor shall maintain a process
for recording defendant interactions and work performed on behalf of defendants.
IV.QUALITY OF REPRESENTATION – QUALIFICATIONS
Contractor shall satisfy the qualifications to practice law as established by the
Washington State Bar Association and the Washington Supreme Court. Contractor
shall provide services in a professional and skilled manner consistent with
Washington’s Rules of Professional Conduct, applicable case law, including but not
limited to Wilbur v. City of Mount Vernon, 989 F.Supp. 2d 1122 (W. D. Wash. 2013)
(“Decision”), the Washington State Supreme Court Standards for Indigent Defense
(“Standards”), the Constitutions of the United States and Washington, and the court
rules that define the duties of counsel and the rights of defendants. The Contractor’s
primary and fundamental responsibility shall be to promote and protect the interests
of the defendant.
V.CASELOAD LIMITS
A.Caseload Limits in General. Contractor and its attorneys shall comply
with the caseload standards set forth in the Standards.
B.Court Certification. The Contractor shall certify compliance with the
caseload limits with the Municipal Court as required by court rule and shall provide a
copy of the certification to the City Clerk.
VI.CONFLICTS OF INTEREST
CONTRACT FOR SERVICES 3
{OER4904-1745-8470;1/13217.000002/}
In the event the Contractor is disqualified or excused as counsel of record due
to a conflict of interest, Contractor shall not be required to pay any compensation to
another attorney assigned to represent the defendant.
VII. CONTRACT REPORTING
A. Reporting. Contractor shall report quarterly the names and case
numbers of the cases assigned to it, the charges involved, and the name of the
attorney representing the defendant. Each report shall be submitted within 30 days
of the end of the previous quarter. All reports or certifications required by this
Agreement shall be delivered to the City Clerk.
B. Oversight. Contractor agrees to participate and comply in good faith
with the City’s oversight of this Agreement. Contractor shall not be required to
compromise any attorney-client privilege with respect to the City’s oversight.
VIII. COMPLAINTS AND CORRECTIVE ACTION
A. Complaints Directed to City Clerk. Any complaints regarding the
Contractor or an attorney providing services pursuant to this Agreement, whether
received by the City, the Contractor, or the Court, shall be provided to the City Clerk.
B. Investigation by the Contractor. Contractor shall promptly investigate all
complaints about the Contractor or its attorneys. The Contractor shall inform the
complainant and the City Clerk of the results of the investigation.
C. Investigation by the City. In the event a complaint is received by or
provided to the City Clerk and is not timely resolved by the Contractor, the City may
investigate the complaint. The City may consult with legal counsel or other experts
in order to resolve the complaint. The City and the Contractor will work together to
proactively resolve complaints.
IX. DURATION AND TERMINATION
A. Case-By-Case Duration. This Agreement shall be effective upon
signature by the Contractor and the City (Effective Date). This Agreement shall
govern each case in which Contractor is assigned to represent a defendant and shall
govern for the duration of representation as set forth in Section II.B.
B. Agreement Term and Renewal. The initial term of this Agreement shall
be from the Effective Date through June 30, 2026. Thereafter, this Agreement may
be renewed annually by agreement of the parties. No less than 30 days prior to the
end of a term, the Contractor may propose new contract rates based on the number
of conflict cases assigned in prior years, applicable indigent defense standards, and
the cost of providing public defense services.
CONTRACT FOR SERVICES 4
{OER4904-1745-8470;1/13217.000002/}
C. Termination. This Agreement may be terminated such that the
Contractor shall not accept appointment to additional cases from the Court upon
written notice of breach of this Agreement, or absent breach, upon 30 days written
notice by either party.
D.Continuation of Representation. The Contractor shall continue to
represent defendants who were assigned prior to termination of this Agreement. The
continued representation of defendants by Contractor after termination shall be
governed by the interests of the defendants, the Rules of Professional Conduct, and
the Supreme Court’s Standards for Indigent Defense.
X.COMPENSATION AND EXPENSES
A.Monthly Rate. Based on data from previous years, the City estimates it
will have between 12 and 25 conflict cases in a 12-month period. The City shall pay
the Contractor a monthly rate in the amount of $3,954.91 for 2025, and $4341 for
2026 through June 30th (“monthly rate”) to provide representation for defendants in
all conflict cases that arise except for cases in which the Contractor has a conflict of
interest. The monthly rate shall be in effect during the initial term of this Agreement
and shall cover a maximum of 38 cases during the initial term, which will be
approximately 15 months. Thereafter, the annual maximum number of cases shall
be 30 cases unless the parties agree to a different number of cases based on conflict
counsel case counts.
B.Additional Costs and Expenses. The monthly rate includes all costs and
expenses associated with representation of defendants, including attorney time and
travel, defense investigations, social worker services, plus all supervision and
overhead to support the public defender services. The City shall pay for the following
case expenses when approved by the Court pursuant to CrRLJ 3.1(f), to include
expert witness fees and expenses, interpreters, and any other expenses the Court
finds necessary and proper for the investigation, preparation, and presentation of a
case.
C.Billing. The Contractor shall invoice the City on a monthly basis, for the
previous month, by the 15th day of the following month. In the event a partial month
is billed (such as the first month of this Agreement), the rate will be pro-rated based
on the number of days the Agreement is in effect for that month.
D.Payment. The City shall make payment within 30 days of receipt of
Contractors invoice.
E.Compensation Sufficient. Contractor warrants that the compensation
provided under this Agreement is sufficient to cover all costs related to providing
services under this Agreement and meeting the Washington Supreme Court
Standards for Indigent Defense.
CONTRACT FOR SERVICES 5
{OER4904-1745-8470;1/13217.000002/}
XI.NON-DISCRIMINATION
The Contractor agrees not to discriminate against any defendant, customer,
employee or applicant for employment, subcontractor, supplier or materialman,
because of race, creed, color, national origin, sex, religion, honorable discharged
veteran or military status, familial status, sexual orientation, age, or the
presence of any sensory, mental, or physical disability or the use of a trained
dog or service animal by a person with a disability, except for a bona fide
occupational qualification.
XII. INDEMNIFICATION
The Contractor agrees to hold harmless and indemnify the City, its officers,
officials, agents, employees, and representatives from and against any and all
claims, costs, judgments, losses, or suits including attorney's fees or awards, and
including claims by Contractor's own employees to which Contractor might
otherwise be immune under RCW Title 51 arising out of or in connection with any
willful misconduct or negligent error, or omission of the Contractor and its
employees, officers, or agents.
It is specifically and expressly understood that the indemnification
provided herein constitutes the waiver of the Contractor's immunity under Title
51 RCW solely for the purposes of this indemnification. The parties have
mutually negotiated this waiver. This clause shall survive the termination or
expiration of this Agreement and shall continue to be in effect for any claims or
causes of action arising hereunder.
XIII.INSURANCE
The Contractor shall procure and maintain for the duration of this
Agreement insurance against claims for injuries to persons or property which may
arise from or in connection with the performance of work hereunder by the
Contractor, or the agents, representatives, employees, or subcontractors of the
Contractor.
A.Minimum Scope of Insurance. Contractor shall obtain insurance of
the types described below:
1.Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage.
2.Commercial General Liability insurance shall be written on ISO
CONTRACT FOR SERVICES 6
{OER4904-1745-8470;1/13217.000002/}
occurrence form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors, products-completed operations, personal injury and
advertising injury, and liability assumed under an insured contract. The City shall be
named as an insured under the Service Provider's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO additional
insured endorsement CG 20 10 10 01 and CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
3.Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4.Professional Liability insurance appropriate to the Contractor's
profession.
B.Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
1.Automobile Liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2.Commercial General Liability insurance shall be written with limits no
less than $1,000,000 each occurrence and $2,000,000 general aggregate.
3.Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit. The policy shall contain
no exclusion for loss or liability relating to a claim of ineffective assistance of counsel.
C.Other Insurance Provisions. The insurance policies are to contain, or be
endorsed to contain, the following provisions for Automobile Liability and Commercial
General Liability insurance.
1.The Contractor's insurance coverage shall be primary insurance
as respect to the City. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Service Provider's insurance and
shall not contribute with it.
2.The Contractor's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given to the City.
D.Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:VII.
E.Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the insurance
CONTRACT FOR SERVICES 7
{OER4904-1745-8470;1/13217.000002/}
requirements of the Service Provider before commencement of the work.
XIV.WORK PERFORMED BY CONTRACTOR
A.Compliance with Statutes and Regulations. In addition to compliance
with the Standards, in the performance of work under this Agreement, Contractor
shall comply with all federal, state and municipal laws, ordinances, rules and
regulations which are applicable to Contractor's business, equipment, and personnel
engaged in operations covered by this Agreement or accruing out of the performance
of such operations.
B.Work Performed at Contractor's Risk. Contractor shall be responsible for
the safety of its employees, agents, and subcontractors in the performance of work
hereunder, and shall take all protections reasonably necessary for that purpose. All
work shall be done at the Contractor's own risk, and the Contractor shall be
responsible for any loss or damage to materials, tools, or other articles used or held
in connection with the work. Contractor shall also pay its employees all wages,
salaries and benefits required by law and provide for taxes, withholding and all other
employment related charges, taxes or fees in accordance with law and IRS
regulations.
C.Personal Services, No Subcontracting. This Agreement shall not be
subcontracted without the express written consent of the City and refusal to
subcontract may be withheld at the City's sole discretion. Any assignment of this
Agreement by the Contractor without the express written consent of the City shall be
void.
XV.MODIFICATIONS; ENTIRE AGREEMENT
1.Modification. No waiver, alteration or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed by the
duly authorized representatives of the City and the Contractor.
2.Entire Agreement. This instrument contains the entire Agreement
between the parties for the work and services called for herein, and it may not be
enlarged, modified, altered, or amended except in writing signed by the parties.
XVI.NOTICES
All communications regarding this Agreement shall be sent to the parties at the
addresses listed below, unless notified to the contrary. Any written notice hereunder
shall become effective as of the date of mailing by registered or certified mail, and
shall be deemed sufficiently given if sent to the addressee at the address stated in
the Agreement or such other address as may be hereinafter specified in writing:
CONTRACT FOR SERVICES 8
{OER4904-1745-8470;1/13217.000002/}
CITY: ATTN: City Clerk
238 N. Olympic Avenue
Arlington, WA 98223
wendyv@arlingtonwa.gov
CONTRACTOR: Snohomish County Public Defender Association
2722 Colby Ave. #200
Everett, WA 98201
kkyle@snocopda.org
XVII. ATTORNEY FEES AND GOVERNING LAW
In the event of any litigation arising out of this Agreement, the prevailing party
shall be reimbursed for reasonable attorneys' fees from the other party. This
Agreement shall be governed by and construed in accordance with the laws of the
State of Washington and the rules of the Washington Supreme Court as applicable.
Venue for an action arising out of this Agreement shall be in Snohomish County
Superior Court.
IN WITNESS WHEREOF, the parties have executed this contract on the _____
day of _________________, 2025.
CITY OF ARLINGTON
Don E. Vanney, Mayor
ATTEST / AUTHENTICATE:
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
OGDEN MURPHY WALLACE PLLC
Attorneys for City of Arlington
Oskar Rey, City Attorney
CONTRACT FOR SERVICES 9
{OER4904-1745-8470;1/13217.000002/}
CONTRACTOR:
SNOHOMISH COUNTY PUBLIC DEFENDER ASSOCIATION
_______________________________
Kathleen Kyle, Executive Director
City of Arlington Council Agenda Bill NB #4 Attachment
March 17, 2025 Resolution Declaring an Emergency for the Hauling of Biosolids
Resolution
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $50,000 estimate BUDGET CATEGORY: Wastewater Utility Capital Funds 2025 BUDGETED AMOUNT: $215,000.00LEGAL REVIEW:
Request for Council to declare an emergency condition in response to current disruption with the current biosolids hauling contractor and waive bid requirements allowing staff to contract with an alternate licensed contractor.
Biosolids are generated during the process of treating wastewater at the City’s Water Reclamation Facility. The City contracts with a Department of Ecology (DOE) licensed contractor, Tenelco, LLC, for the hauling and land application of biosolids in eastern Washington. Recent warm weather has prevented Tenelco from land applying biosolids and the City is having to stage biosolids at the biosolids compost facility – there were over 500,000 pounds of biosolids stored in early March. The City needs an alternate solution for hauling and disposition of biosolids when Tenelco cannot accommodate the City’s biosolids. Given the urgency of this situation, there is not time to publicly bid this contract before action is needed. ALTERNATIVES: Remand to staff for additional information.
I move to approve the resolution declaring an emergency condition exists regarding the hauling of Water Reclamation Facility generated biosolids thereby waiving public bid requirements and allowing staff to directly contract with a licensed biosolids hauler, and authorize the Mayor to sign the resolution, pending final approval by the City Attorney.
RESOLUTION NO. 2025- XXX
A RESOLUTION DECLARING AN EMERGENCY AND WAIVING
COMPETITIVE BIDDING REQUIREMENTS FOR THE HAULING OF BIOSOLIDS
FROM THE WATER RECLAMATION FACILITY
WHEREAS, the Water Reclamation Facility treats all wastewater within the City of
Arlington, and
WHEREAS, an unexpected shutdown of the city’s current Biosolids Hauler is affecting
the off haul of Biosolids from the Water Reclamation Facility that has potential to impact the
health and safety of citizens; and
WHEREAS, the City’s obligation at the Water Reclamation Facility is that the biosolids
are hauled off site and disposed of in accordance with Washington state regulations; and
WHEREAS, any prolonged pause in hauling could cause unsafe and dangerous
conditions, requiring immediate action;
NOW, THEREFORE, the City Council of the City of Arlington Washington does hereby
resolve as follows:
1. The City Council finds an emergency condition exists which may present a real and
immediate threat to the proper performance of essential functions, and potential loss
or damage to property or health and safety of citizens, if immediate action is not
taken. Pursuant to RCW 39.04.280, the City Council waives the competitive bidding
requirements for the work necessary as a result of the emergency.
Approved by the City Council of t he City of Arlington this 17th day of Marc h 2025.
CITY OF ARLINGTON
___________________________
Don E. Vanney, Mayor
ATTEST:
______________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________
Oskar Rey, City Attorney
NB #5 City of Arlington Council Agenda Bill NB #5 Attachment
March 17, 2025 Amendment to Contract with Boulder Park, Inc. (BPI) as Biosolids Beneficial Use Facility Current BPI Contract and new contract signature page (page 17 of existing contract)
Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $0 - Biosolids disposition is in 2025-2026 budget; no increase. BUDGET CATEGORY: Wastewater Operating Budget Fund 404 BUDGETED AMOUNT: $215,000 (2025 Budget) LEGAL REVIEW: DESCRIPTION: Amendment to the existing contract with BPI for the land application of biosolids that will include Mayor Don Vanney as the prime signatory.
Biosolids are generated during the process of treating wastewater at the City’s Water Reclamation Facility. The City contracts with a Department of Ecology (DOE) licensed contractor, Tenelco, LLC, for the hauling and land application of biosolids. Tenelco has not been able to haul, and land apply the City’s biosolids. The City needs to contract with an alternate, DOE licensed land application facility. Recent issues with the current biosolids hauling contractor (Tenelco) have caused the City to accumulate over 500,000 pounds of biosolids. Due to the urgency of this situation, the Public Works Director contracted with a DOE licensed land application facility to remove this accumulated biohazard. These contracts were limited in value to the Public Works Director’s signing authority. The contract for the biosolids land application needs to be amended to have the Mayor made the agreement’s prime signatory for the remaining contract term.
Remand to staff for additional information.
signatory for this contract.
2025
BIOSOLIDS BENEFICIAL USE SERVICES
FOR THE CITY OF ARLINGTON AT THE
CONTRACT No.
25-024
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CONTRACT NO. 25-024 1
TABLE OF CONTENTS
DEFINITION OF WORDS AND TERMS
SECTION 1 PURPOSE ............................................................................................. 4
SECTION 2 BPI’S RESPONSIBILITIES .................................................................... 5
SECTION 3 KING COUNTY’S REPSONSIBILITIES ................................................. 5
SECTION 4 JOINT BPI/KC’S RESPONSIBILITIES .................................................. 6
SECTION 5 GENERATOR’S RESPONSIBILITIES ................................................... 6
SECTION 6 TERM OF CONTRACT ......................................................................... 7
SECTION 7 BASIS FOR PAYMENT ......................................................................... 8
SECTION 8 PRICE ADJUSTEMENTS ...................................................................... 8
SECTION 9 ADDITIONAL WORK ............................................................................. 9
SECTION 10 ALLOCATION OF RISK ........................................................................ 9
SECTION 11 TRANSFER OF MANAGEMENT RESPONSIBILITIES ......................... 9
SECTION 12 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND
REGULATIONS AND BEST MANAGEMENT PRACTICES ................ 10
SECTION 13 BIOSOLIDS QUANTITIES AND CHARACTERISTICS ....................... 10
SECTION 14 INSURANCE ....................................................................................... 10
SECTION 15 COORDINATION WITH THE GENERATOR’S TREATMENT PLANT 12
SECTION 16 NOT USED .......................................................................................... 12
SECTION 17 TERMINATION ................................................................................... 12
SECTION 18 RECORDS, REPORTS, AND MEETINGS .......................................... 13
SECTION 19 INDEMNIFICATION ............................................................................. 13
SECTION 20 ENVIRONMENTAL INDEMNITY ......................................................... 14
SECTION 21 DISPUTES UNDER THIS CONTRACT ............................................... 15
SECTION 22 SEVERABILITY ................................................................................... 15
SECTION 23 INDEPENDENT CONTRACTOR......................................................... 15
SECTION 24 FORCE MAJEURE .............................................................................. 15
SECTION 25 NON-WAIVER ..................................................................................... 15
SECTION 26 ASSIGNMENT ..................................................................................... 15
SECTION 27 NOTICES ............................................................................................ 15
SECTION 28 ENTIRE CONTRACT; AMENDMENT ................................................. 16
SECTION 29 COUNTERPARTS; ELECTRONIC SIGNATURES ………………… 16
SECTION 30 AUTHORITY ………………………………………………………………. 16
ATTACHMENTS:
A: PROJECT ROLES & RESPONSIBILITIES
B: EQUIPMENT USE FEE RATE TABLE
C: KING COUNTY LETTER OF SELF-INSURANCE
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DEFINITION OF WORDS AND TERMS
Words and terms shall be given their ordinary and usual meanings. Where used in the Contract documents,
the following words and terms shall have the meanings indicated. The meanings shall be applicable to the
singular, plural, masculine, feminine and neuter of the words and terms.
Beneficial Use Facility, or BUF: means a receiving-only facility consisting of a site or sites where
biosolids from other treatment works treating domestic sewage are applied to the land for beneficial
use, which has been permitted as a treatment works treating domestic sewage in accordance with
the provisions of WAC 173-308-310, and that has been designated as a beneficial use facility
through the permitting process.
Biosolids: the nutrient-rich product of the wastewater treatment process that meets requirements for
beneficial use and used to improve soil characteristics and enhance plant growth and crop yield.
Biosolids are not considered a commercial fertilizer. Regulations established two classes of biosolids:
Class A, which has no detectable pathogens, and Class B, which is treated, but may have some
detectable pathogens.
Boulder Park Inc., or BPI: designates the farmer-owned company with headquarters in Mansfield,
Washington, that manages biosolids land application operations.
Boulder Park Project, or BPP: designates the name of the biosolids land application project in
Douglas County in operation since 1992. This project is jointly operated and managed as a BUF by
BPI and King County as outlined in Attachment A, Project Roles and Responsibilities from Contract
#6317799.
Contractor: The individual, association, partnership, firm, company, corporation, or combination
thereof, including joint ventures, contracting with the Generator for the performance of services or
Work under this Contract.
Generator: the city, town, district, municipal corporation or other entity or person who generates
biosolids during the treatment of domestic sewage in a treatment works and has as one of its
responsibilities the treatment, transport, use or disposal of biosolids. For purposes of this Contract,
the term Generator means the City of Arlington.
Hazardous Materials: (a) Any toxic substances or waste, sewage, petroleum products, radioactive
substances, medical waste, heavy metals, corrosive, noxious, acidic, bacteriological or disease-
producing substances, including, without limitation: Asbestos; polychlorinated biphenyls; any
substance the presence of which on the BPP is prohibited by any federal, state, county, municipal or
other local governmental statutes, regulations, ordinances, resolutions, permits or other
requirements; and other substances which by any federal, state, county, municipal or other local
governmental statutes, regulations, ordinances, resolutions, permits or other requirements require
special handling or notification in its collection, storage, treatment, use or disposal; and (b) any
dangerous waste, hazardous waste, extremely hazardous waste, hazardous substance, pollutant,
pollution, contaminant or contamination as defined in the following statutes or their implementing
regulations as such statutes and regulations may be amended from time to time: Washington Clean
Air Act (RCW Ch. 70.94); Washington Solid Waste Management Recovery and Recycling Act (RCW
Ch. 70.95); Washington Hazardous Waste Fees Act, (RCW Ch. 70.95E); Washington Nuclear Energy
and Radiation Act, (RCW Ch. 70.98); Washington Radioactive Waste Storage and Transportation Act
of 1980 (RCW Ch. 70.99); Washington Hazardous Waste Management Act (RCW Ch. 70A.300);
Washington Model Toxics Control Act (“MTCA”) (RCW Ch. 70A.305); Washington Underground
Petroleum Storage Tanks Act (RCW Ch. 70.148); Washington Water Pollution Control Act (RCW Ch.
90.48); Federal Insecticide, Fungicide and Rodenticide Act, Federal Pesticide Act of 1978, (7 U.S.C.
136 et seq.); Federal Toxic Substances Control Act (15 U.S.C. 2601 et seq.); Federal Water Pollution
Control Act, also known as the Clean Water Act (33 U.S.C. 1251 et seq.); Federal Oil Pollution Control
Act of 1990 (33 U.S.C. 2701 et seq.); Federal Safe Water Drinking Act (42 U.S.C. 300f et seq.);
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CONTRACT NO. 25-024 3
Federal Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.); Federal Resource
Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.); Federal Clean Air Act (42
U.S.C. 7401 et seq.); or Federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (“CERCLA”) (42 U.S.C. 9601 et seq.); and any pollutants, contaminants, or
substances posing a danger or threat to public health, safety or welfare, or the environment, which
are defined, regulated or controlled as such by any applicable federal, state or local laws, ordinances
or regulations as now existing or hereafter amended.
Party or Parties: City of Arlington (Generator), King County (KC), and Boulder Park Inc. (BPI).
Person: Includes individuals, associations, firms, companies, corporations, partnerships, and joint
ventures.
Project: Same as Boulder Park Project (BPP).
Project Participants: General term to include the primary people who are involved with the Boulder
Park Project (BPP). This would include the local farmers, local government agencies, local residents,
Washington State Department of Ecology (Ecology), other public agencies, Washington State
University extension service, etc.
Shall or Will: Whenever used to stipulate anything, Shall or Will means mandatory by either BPI, KC
or the Generator, as applicable, and means that BPI, KC, or the Generator, as applicable, has thereby
entered into a covenant with the other Party or Parties to do or perform the same.
Soil Amendment Value: A monetary value that the farmer agrees to pay BPI for the nutrient, organic
matter and other benefits of biosolids to the soil and crop.
Subcontractor: The individual, association, partnership, firm, company, corporation, or joint venture
entering into an agreement with BPI and/or KC to perform any portion of the Work covered by this
Contract.
Work: Everything to be done and provided by BPI and KC for the fulfillment of the Contract.
This Contract No. 25-024 (the “Contract”) is made and entered into effective as of March 11, 2025
by and between the City of Arlington, a municipal corporation of the State of Washington, (hereinafter
referred to as the “Generator”), Boulder Park Inc., a Washington corporation (hereinafter referred to as
“BPI”), and King County, a home rule charter county of the State of Washington (hereinafter referred to as
“KC”). The Generator, BPI and KC may also be collectively referred to as the “Parties” and individually as
a “Party.”
RECITALS
WHEREAS, the Generator produces biosolids as a by-product of its wastewater treatment process
and desires to manage and beneficially use such biosolids in accordance with Chapter 173-308 WAC
Biosolids Management and 40 CFR Part 503; and
WHEREAS, the Washington State Department of Ecology (Ecology) supports and encourages
maximum beneficial use of biosolids per Chapter 173-308-010(2)(a); and
WHEREAS, the state of Washington recognizes biosolids as a valuable commodity and does not
classify biosolids as solid waste per Chapter 173-308-060(1) and (2); and
WHEREAS, the Boulder Park Project (BPP), located in Douglas County, Washington, is a
Beneficial Use Facility (BUF) that is provisionally covered under the expired General Permit for Biosolids
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CONTRACT NO. 25-024 4
Management (effective 2015-2020) issued by the Washington State Department of Ecology for the
application of biosolids; and
WHEREAS, BPI and KC have entered into a contract to jointly manage and operate the BPP in
accordance with all applicable local, state and federal laws, regulations and best management practices
regarding applying dewatered biosolids to lands for beneficial use; and
WHEREAS, the Generator desires to enter into this Contract with BPI and KC for (a) land
application of the Generator's biosolids at the BPP, and (b) for the use of KC's equipment to apply the
Generator 's biosolids; and
WHEREAS, it is in the best interests of the environment, the public health, safety, and welfare of
the citizens served by Generator, and the Generator, that this Contract be entered into; and
WHEREAS, all Parties agree to support and work towards excellence in biosolids management
practices and provide meaningful opportunities for public participation.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and
for other good and valuable consideration, it is hereby agreed as follows:
SECTION 1 PURPOSE
1.1 The purpose of this Contract is (a) to allow the Generator to purchase BPI's services, which
shall include all work necessary for the beneficial utilization of the Generator's Class A or Class B biosolids
(hereafter referred to as “biosolids”) at the BPP and (b) to allow the Generator to pay a use fee for KC's
biosolids application equipment for BPI to use in land application of the Generator's biosolids.
1.2 The further purpose of this Contract is to provide the Generator with a biosolids
management and utilization option to complement the Generator’s other biosolids management contracts.
The Generator has the sole right to allocate the biosolids deliveries among its biosolids contractors.
1.3 The Generator may provide the BPP with biosolids during the months of January through
December.
1.4 The Generator will provide BPI with an estimated schedule of deliveries. The Generator in
its sole discretion, may adjust its estimated schedule of deliveries upon reasonable notice to BPI. Such
schedule shall include estimated quantities and estimated timing of deliveries consistent with the operating
plan and distribution needs.
1.5 During the term of the Contract, BPI agrees to accept up to one hundred (100) percent of
the Generator’s biosolids that have a total solids content of no less than ten (10) percent. Biosolids having
a total solids content of less than 10 percent may be accepted at BPI’s sole discretion and may be subject
to additional charges for any additional work per Section 9.
1.6 Biosolids that do not meet the vector attraction reduction requirements set forth in Sections
5.8 and 5.9, and/or that do not have sufficient documentation, will be incorporated into the soil within six
hours after being applied to the land to meet the requirements of WAC 173-308-210(4)(b). The six-hour
tillage work shall be subject to additional charges per Section 7.2(A) of this Contract.
1.7 Any material that fails to meet all requirements of WAC 173-308 for Class A or Class B
biosolids classification cannot be accepted at the BPP for beneficial use and must be properly managed by
Generator as solid waste or as determined by Ecology. The Generator shall immediately notify BPP of any
material that does not meet any of the requirements in Section 5.8 and 5.9.
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A.The Generator shall be fully responsible for removing any material delivered to BPP that does
not meet any of the requirements in Section 5.8 and 5.9. This includes all associated costs,
arrangements, equipment, and labor needed to remove the material from the site.
SECTION 2 BPI’S RESPONSIBILITIES
BPI shall be responsible for the following:
2.1 Biosolids management as defined below. These biosolids management responsibilities
shall include, but are not limited to, the following:
A.Ultimate disposition of biosolids including management, application, monitoring, permitting,
record keeping, and reporting;
B.Compliance with all local, state and federal laws and regulations applicable to said operations
including best management practices;
C.Payment of employees, Subcontractors, lenders and suppliers associated with BPI’s
management and beneficial use of biosolids, and all related taxes, fees, charges and all other
costs;
D.Maintenance and operation of all KC-owned equipment per the contractual agreement between
KC and BPI (see Attachment A, Project Roles & Responsibilities from Contract #6317799); and
2.2 BPI warrants and represents that it has the business, professional, and technical expertise
necessary to manage, handle and utilize the Generator’s biosolids in a safe, prudent, workman-like, and
legal manner. Furthermore, BPI warrants and represents that it has the equipment and employee resources
required to perform this Contract, and that such equipment shall at all times, relevant to the performance
of services hereunder, be maintained in a good and safe condition and fit for the use as required.
2.3 BPI shall keep all equipment and any application sites clean and orderly. No unsightly
debris, broken down equipment, trash, garbage or deleterious materials not necessary for the operation
shall be allowed to accumulate. BPI shall cooperate fully with the Generator to maintain the highest
reasonable image for such services. The Generator shall have no responsibility for the selection or use of
an application site by BPI and assumes no responsibility or liability for the adequacy or legality of such site
for the beneficial use of biosolids.
2.4 BPI shall be responsible for maintaining necessary security at application sites to protect
public health and safety, and to avoid unauthorized uses of biosolids material. BPI shall not cause a
nuisance, as defined in RCW 7.48.120, at any application site.
2.5 BPI shall inform its personnel and/or any subcontractors that biosolids are a product of the
wastewater treatment process derived from sewage treatment and that workers may be exposed to
pathogens. The workers shall be advised on proper hygienic precautions when handling or being in contact
with biosolids.
SECTION 3 KING COUNTY’S RESPONSIBILITIES
KC shall:
3.1 Provide access and use by BPI to project-specific KC-owned equipment, so BPI may use
such equipment to apply the Generator’s biosolids as part of the BPP. It shall be known per this Contract
that KC shall have first-right of usage as it relates to KC-owned equipment;
3.2 Replace and/or refurbish KC-owned equipment per an equipment replacement schedule,
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which is part of the Equipment Use Fee Table provided as Attachment B and is incorporated by reference
as if fully stated herein;
3.3 Regularly communicate with BPI regarding daily project activities and perform routine site
inspections;
3.4 Calculate application rates based on the Generator’s current biosolids quality data (these
calculations are reviewed by Washington State University research scientists and sent to Ecology for
approval);
3.5 Maintain and update the Biosolids Beneficial Use Services Contract and associated costs
and price adjustments in accordance with Sections 7 and 8 of this Contract;
3.6 Maintain and update the BPP Site-Specific Land Application Plan, and promptly provide
any revisions to the Generator when periodic changes are made; and
3.7 Obtain provisional coverage under the General Permit for Biosolids Management for
biosolids to be applied at the BPP, and comply with all applicable federal, state and local regulations.
However, because the BPP has only provisional coverage under the General Permit for Biosolids
Management, KC makes no warranty, guaranty, or representation whatsoever, express or implied,
regarding the suitability or long-term or continuing availability of the BPP for land application of Generator’s
biosolids. KC reserves the right to terminate this Contract pursuant to Section 17 should the BPP be
unavailable for land application of Generator’s biosolids.
SECTION 4 JOINT BPI/KC’s RESPONSIBILITIES
4.1 BPI and KC shall be responsible for obtaining and maintaining all permits and registrations
necessary for the management of biosolids land application. Costs for required permits and registrations
shall be included in the Base Unit Price for biosolids management as described in Section 7.2 of this
Contract. Upon request, BPI and KC shall provide the Generator with current copies of all permit
applications, permits, registrations, records, and reports required by local, state and federal laws and
regulations throughout the life of the Contract. Costs for documentation shall be included in the unit price
for biosolids management. The Generator’s review of such documents is for its information only.
4.2 BPI and KC shall be responsible for any public involvement or public information efforts
associated with biosolids management outside of the Generator’s service area.
SECTION 5 GENERATOR’S RESPONSIBILITIES
Generator shall:
5.1 Provide timely communication of any significant variation in biosolids quantities to be
delivered;
5.2 Generator is responsible for assuring that all transportation activities are performed in
compliance with any applicable federal, state or local environmental or public health laws, codes or regulations.
The Generator and or its transportation contractor is responsible for obtaining and maintaining all permits and
registrations necessary for the transportation of the Generator’s biosolids. The Generator agrees KC and BPI
shall have no responsibility for any transportation or hauling activities related to the Generator’s biosolids;
5.3 Scale and record wet tons of biosolids loaded into the contractor’s biosolids hauling
equipment at the Generator site to document the tonnage of biosolids being hauled in accordance with state
and federal trucking regulations and to delivered tonnage at location of ultimate disposition. If the Generator
does not have access to a certified scale, the Generator will work with BPI to locate a certified scale where
tonnage can accurately be weighed and recorded as presented in Section 7.1 of this Contract;
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5.4 Provide documentation on a per load basis to BPI for reconciliation purposes that includes at
a minimum the delivery date, driver name, delivery site ID or location description, and tonnage delivered. This
information will be reconciled on a monthly basis to ensure accuracy and agreement by all Parties;
5.5 Secure and maintain all necessary state and local permits and comply with all applicable
federal, state and local regulations;
5.6 Provide and or approve for use a Spill Prevention & Response Plan as required under
WAC 173-308-100(2). Ensure all trucks transporting the Generators biosolids have a current copy of the
Spill Prevention & Response Plan at all times and before leaving the Generator’s facility, and that the
transportation operator knows who to call in case of a spill, accident, or emergency;
5.7 Test its biosolids in accordance with applicable law; thoroughly review the reported analytical
data for accuracy and completeness; provide BPI and KC the biosolids quality data necessary for BPI and KC
to use or otherwise manage the biosolids; and, immediately notify BPI and KC if the Generator’s biosolids do
not meet any of the requirements in Sections 5.8 and 5.9. The Generator shall be fully responsible for
removing any material delivered to BPP that does not meet any of the requirements in Sections 5.8 and
5.9. This includes all associated costs, arrangements, equipment, and labor needed to remove the material
from the site;
5.8 Provide only biosolids that meet all requirements for land application per Chapter 173-308
WAC, Biosolids Management, including Table 3 – Pollutant Concentration Limits contained in WAC 173-308-
160 (Biosolids pollutant limits); the pathogen reduction requirements of WAC 173-308-170; the vector
attraction reduction (VAR) requirements of WAC 173-308-180; and any permit or other requirements
applicable to the BPP. The Generator shall immediately notify BPI and KC if the Generator’s biosolids do not
meet any of the requirements described above;
5.9 Provide analytical results of all biosolids demonstrating the biosolids quality and nutrient
content appropriate for land application at the BPP. Biosolids analysis data and documentation shall include
at a minimum the following parameters:
• Part 503 Metals (arsenic, cadmium, copper, lead, mercury, molybdenum, nickel,
selenium, zinc). Refer to WAC 173-308-160.
• Fecal Coliform. Refer to WAC 173-308-170.
• VAR. Refer to WAC 173-308-180.
• Nutrients (total Kjeldahl nitrogen, ammonia-nitrogen, phosphorus, potassium, sulfur).
• Percent total solids.
5.10 Pay BPI and KC the amounts set forth in Sections 7, 8 and 9 of this Contract; and
5.11 Not operate or maintain KC-owned equipment.
5.12 Generator agrees and acknowledges that the BPP has only provisional coverage under
the General Permit for Biosolids Management, and that KC and BPI has not made, does not make, and
specifically negates and disclaims any representations, warranties, promises, covenants, or guaranties of
any kind or character whatsoever, whether express or implied regarding the suitability or long-term or
continuing availability of the BPP for land application of Generator’s biosolids.
SECTION 6 TERM OF CONTRACT
6.1 The term of this Contract is from the effective date specified above to May 31, 2025, unless
terminated sooner as provided in Section 17. Any extension of the term of this Contract shall be in writing,
mutually agreeable by BPI, KC, and the Generator.
6.2 BPI’s and KC’s obligations and responsibilities shall commence upon full execution of this
Contract.
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SECTION 7 BASIS FOR PAYMENT
7.1 BPI shall be paid based on wet weight for biosolids delivered from the Generator’s
treatment facility to the BPP’s designated application sites. Wet weight shall be determined using a certified
scale mutually acceptable to BPI and the Generator. The Generator shall be responsible for identifying
certified scales and proposing scales to BPI for acceptance. The Generator shall maintain tare weights of
trucks and/or trailers and provide a list of tare weights for each shipment in writing to BPI after delivering
the biosolids. All trucks and trailers shall be readily identified by a unique number. The truck and trailer
number shall be recorded at the time of weighing on the trip ticket. The forms and procedures for trip tickets
and billing shall be developed by the Generator and approved by BPI prior to hauling biosolids.
7.2 BPI shall submit monthly billings to the Generator in an approved format that has been
reconciled with the Generator’s records. Payment shall be made based on a cost per delivered wet ton of
biosolids transported. Monthly billings received on or before the fifth day of that calendar month will be paid
within thirty (30) days after receipt of an invoice. The Generator will pay BPI a Base Unit Price at the billing
rate of $21.44 per wet ton (2025 dollars) for authorized materials accepted and/or services, satisfactorily
performed. The Base Unit Price per wet ton shall include KC’s Equipment Use Fee of $2.90 plus KC staff
rate of $0.50 plus tax of $0.26 (state + local tax rate of 7.7%) for a total fee of $3.66 as set forth in Attachment
B, BPI fees, and all associated taxes (2025 dollars). Acceptance of such payment by BPI shall constitute
full compensation for all tasks completed by BPI and KC, including but not limited to supervision,
management, labor, supplies, materials, work equipment and the use thereof, and for all other necessary
expenses incurred by BPI and KC in performing the services. Adjustments shall be made in billing for
errors in measurement discovered within twelve (12) months of the error.
A.Biosolids that do not meet VAR requirements will be incorporated into the soil to meet the
requirements of WAC 173-308-210(4)(b). The six-hour tillage work shall be subject to additional
charges at the rate of $11.34 per wet ton (2025 dollars).
7.3 BPI will submit a quarterly statement to KC that clearly shows the Generator’s tons applied,
the site, and the month application occurred. After receipt and verification of the statement KC will submit
an invoice to BPI for payment of the KC Equipment Use Fee. BPI shall pay the invoice and will remit
payment to King County Finance, 201 S Jackson St., Ste. 710, Seattle, WA 98104.
7.4 The Base Unit Price shall include everything necessary for the prosecution and completion
of the Contract including but not limited to furnishing all transportation costs, materials, application
equipment use fee, tools, and all BPI and KC management, superintendence, labor and service, except as
may be provided otherwise in the Contract, provided, Washington State sales tax is not included in the
price.
7.5 The Base Unit Price shall remain firm throughout the term of the Contract, except for
changes allowed in Section 8. Rate changes may also be made at the time this Contract is extended
providing BPI and KC supply adequate documentation of the change in its costs acceptable to the
Generator. Requests for any such change are to be made in writing to the Generator. Any agreed-to change
shall take effect at the time of the Contract extension and shall remain in effect throughout the extension
period.
7.6 At the end of the calendar year, BPI will pay the Generator $7.50 per dry ton for Soil
Amendment Value of biosolids delivered to the BPP. This payment amount is fixed for the term of the
Contract and not subject to price adjustments in Section 8.
SECTION 8 PRICE ADJUSTMENTS
8.1 Price adjustments may be made for changes of law or regulatory requirements based on
documented cost increases or decreases, or tax increases. The Generator has the right to terminate this
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Contract, pursuant to Section 17, for changes of law or regulatory requirements if the Generator feels such
increases are excessive.
8.2 Annual Adjustments for the Base Unit Price will be adjusted using 100% of the annual
percent change to the "All Items" category of the Seattle-Tacoma-Bellevue Consumer Price Index for Urban
Wage Earners and Clerical Worker for the previous calendar year in which there was a positive adjustment.
In the event the formula results in a negative, the adjustment shall be zero adjustment. Retroactive to each
January 1 of each year, changes to the base rate will be calculated as follows:
Example: new Base Unit Price = previous rate X [current Annual CPI value / previous
Annual CPI value for series ID: CWURS49DSA0]
8.3 The Equipment Use Fee will remain fixed throughout the Contract term, unless KC acquires
and/or uses equipment not listed in Attachment B and/or there is a change to the sales tax rate. In these
cases, KC shall modify Attachment B and the Base Unit Price accordingly.
SECTION 9 ADDITIONAL WORK
Additional work means the furnishing of materials or equipment and/or the doing of work or service
not presently contemplated by the Contract. If the Generator requires additional work, it may request BPI
in writing to do the additional work at the Base Unit Price (as described in Section 7), or it may request BPI
to do the additional work at a mutually agreed upon lump sum or mutually agreed upon unit prices.
Performance of additional work without the prior express written consent of the Generator shall be at BPI’s
sole expense.
SECTION 10 ALLOCATION OF RISK
10.1 BPI, KC, and Generator accept the risks and resulting liabilities of beneficially using
biosolids on agricultural lands. These risks potentially include, but are not limited to, the following:
• Contamination of soil, groundwater, or surface water
• Odor issues at the site and mitigating them for surrounding neighbors
• Human health impacts
• Impacts to crops, vegetation or livestock
10.2 BPI shall be responsible for securing conforming biosolids loaded into the means of
transport selected by BPI against spillage, leakage or public exposure, and for providing properly designed
locations for the safe and secure unloading of biosolids at BPI’s designated application sites. For the
purposes of this agreement, conforming biosolids shall mean that all the Generator’s biosolids shall meet
Ecology standards for regulated parameters as specified in Subsection 12.6.
10.3 Generator shall be responsible for compliance with all federal and state laws applicable
to generators of biosolids and for compliance with all requirements set forth in this Contract.
SECTION 11 TRANSFER OF MANAGEMENT RESPONSIBILITIES
All biosolids accepted by BPI shall become BPI’s responsibility to manage under the terms of this Contract.
Acceptance of biosolids is considered to occur when the biosolids depart the Generator’s site. BPI shall
accept all biosolids which are within the range of “Biosolids Quantities and Characteristics” as specified in
Section 13 of the Contract. BPI is solely responsible for the handling and ultimate disposition of all biosolids
loaded onto the BPI-provided transportation.
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SECTION 12 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS AND
REGULATIONS AND BEST MANAGEMENT PRACTICES
12.1 BPI and KC agree to comply with all applicable local, state and federal laws and regulations
in their performance under this Contract. Laws and regulations specifically applicable to biosolids
management include but are not limited to the following:
•40 CFR 503 Standards for the Use or Disposal of Sewage Sludge
•WAC 173-308 Biosolids Management
•WAC 173-200 Water Quality Standards for Groundwaters of the State of Washington
•WAC 173-201A Water Quality Standards for Surface Waters of the State of Washington
12.2 BPI and KC shall manage biosolids using applicable best management practices. Best
management practices may be found in the Biosolids Management Guidelines for Washington State
published by Ecology. The most recent publication available on or before September 2010 shall be used
as best management practices for the Contract. Updated versions of best management practices shall be
incorporated into this Contract.
12.3 BPI and KC shall be responsible for environmental compliance and monitoring required for
the management of biosolids land application at BPP. The costs of this environmental compliance and
monitoring shall be included in the Base Unit Price.
12.4 The Generator will make available to BPI and KC all biosolids monitoring and
environmental compliance required by its National Pollution Discharge Elimination System (NPDES) permit
and its Washington State General Permit for Biosolids Management, sections WAC 173-308-160 (Biosolids
pollutant limits), WAC 173-308-170 (Pathogen reduction) and WAC 173-308-180 (Vector attraction
reduction). Generator shall also provide BPI and KC with any results of additional testing performed by the
Generator, at no cost to BPI and KC, when necessary for BPI and KC to perform under this Contract.
SECTION 13 BIOSOLIDS QUANTITIES AND CHARACTERISTICS
13.1 The Generator may develop other biosolids management options during the term of this
Contract, delivering biosolids in quantities in accordance with Sections 5.2 and 5.4. The Generator will
provide biosolids on as uniform a basis as possible given influent wastewater variations, treatment process
conditions, and solids handling operations. The Generator is responsible for reviewing plant records to
determine, estimate and plan for annual, monthly, and weekly averages and variability and informing BPI
and KC of substantial changes in biosolids quality.
13.2 The Generator certifies and affirms that its biosolids are produced from domestic,
commercial and industrial wastewaters generated in the Generator’s wastewater service area.
SECTION 14 INSURANCE
14.1 The Parties shall obtain and maintain the minimum insurance as set forth below covering
the operations and activities required by the Contract. By requiring such minimum insurance, the Parties
shall not be deemed to have assessed the risks that may be applicable to each Party under this Contract.
Each Party shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits
and/or broader coverage.
Each Party shall also require its subcontractors to maintain the minimum insurance set forth below or such
other minimum insurance as is appropriate with respect to the Work to be performed. Each Party shall
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obtain certificates of insurance for all of its subcontractors and make them available for inspection by the
any other Party on request.
14.1.1 Commercial General Liability. $2,000,000 combined single limit per occurrence
and for those policies with aggregate limits, a $2,000,000 aggregate limit.
14.1.2 Automobile Liability. $1,000,000 combined single limit per accident. If the
potential exists to release pollutants either as cargo or from the automobile (as defined by the standard
auto policy exclusion of pollution) the auto policy shall be endorsed to include endorsement CA 9948 (or its
equivalent).
14.1.3 Workers’ Compensation. Statutory requirements of the State of residency.
Coverage shall be at least as broad as Workers’ Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for this work by
applicable Federal or “other States” State Law.
14.1.4 Employer’s Liability or “Stop Gap”. For a limit of $ 1,000,000 Coverage shall
be at least as broad as the protection provided by the Workers Compensation policy Part 2 (Employers
Liability) or, in states with monopolistic state funds, the protection provided by the “Stop Gap” endorsement
to the general liability policy.
14.1.5 Other Insurance Provisions. The insurance policies required in this Contract
are to contain and be endorsed to contain the following provisions:
1.With respect to all Liability Policies except Professional Liability and Workers
Compensation:
(i)BPI or its subcontractor shall add the other Parties, its officers, officials,
employees, and agents to be covered as additional insureds as respects liability
arising out of activities performed by or on behalf of BPI or the Subcontractor in
connection with this Contract. The Generator shall add the other Parties, their
officers, officials, employees and agents as additional insureds as respects liability
arising out of activities performed by or on behalf of the Generator in connection
with this Contract. The Parties acknowledge that KC maintains a self-insurance
program for the handling of its liabilities, and as such, cannot add other parties as
additional insureds.
(ii)Each Parties’ insurance coverage shall be primary insurance as respects the other
Parties, its officers, officials, employees, agents, and consultants. Any insurance
and/or self-insurance maintained by the other Parties, its officers, officials,
employees, agents and consultants shall not contribute with the Parties’ insurance
or benefit the Party in any way.
(iii)BPI or its Subcontractors’ insurance shall apply separately to each insured against
whom a claim is made and/or lawsuit is brought, except with respect to the limits
of the insurer’s liability.
14.1.6 In lieu of the aforementioned liability policies, KC, maintains a fully funded
Self-Insurance program for the protection and handling of KC’s liabilities including injuries to persons and
damage to property.
14.1.7 In the alternative, a Party to this Contract may fulfill the insurance obligations
contained herein by maintaining membership in a joint self-insurance program or risk pool authorized by
applicable law. In this regard, the Parties understand that the Party to this Contract who is a member of
such a joint self-insurance program or risk pool is not able to name the other Parties as an “additional
insured” under the liability coverage provided by the joint self-insurance program or risk pool.
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14.2 Unless otherwise approved by the Parties, all insurance shall be on an “occurrence” basis
and shall be maintained through the term of this Contract and for a period of three hundred sixty-five (365)
days after termination, expiration, or acceptance of work, as the case may be. All insurance shall be
provided on forms and by insurance companies satisfactory to the Parties.
14.3 Except as may be provided in Section 19 of this Contract, no provision in this Contract shall
be construed to limit the liability of any Party as provided by law.
14.4 BPI shall provide the other Parties with certificates and endorsements evidencing
insurance from the insurer(s) certifying to the coverage of all insurance required herein within ten (10) days
after final execution date of Contract. If BPI neglects to obtain and maintain in force any such insurance or
deliver such policy or policies and receipts to the Generator, then the Generator may, at its option, terminate
this Contract immediately, purchase required insurance coverage by withholding the premium amounts
from payments due BPI, or demand BPI purchase the required insurance within a time frame acceptable
to the Generator.
14.5 Failure to provide such required insurance shall entitle any Party to terminate the other
Parties’ Work hereunder for default in accordance with Section 17.3. Termination of this Contract shall not
relieve any Party from its insurance obligations hereunder.
SECTION 15 COORDINATION WITH THE GENERATOR’S TREATMENT PLANT
The Generator will provide BPI with e-mail notification when the normal weekly delivery schedule
changes. The Generator will attempt to keep biosolids availability to BPI as uniform as possible.
SECTION 16 NOT USED
SECTION 17 TERMINATION
17.1 KC may terminate this Contract immediately should the permit coverage under the State
General Permit for Biosolids Management for BPP be terminated, modified, withdrawn or limited or should
the BPP become otherwise unavailable for land application.
17.2 In addition, to the right of termination reserved for KC in Section 17.1, KC, BPI and the
Generator may terminate this Contract in whole or in part for any reason or no reason by delivering written
notice to each of the other Parties at the mailing addresses stated herein, properly executed, at least thirty
(30) days before the proposed termination date. BPI and KC shall be paid any amounts owing, including
necessary and reasonable Contract close-out costs, up to the date of termination as specified in the notice,
less any deductions provided by this Contract or by law. BPI shall promptly submit its request for the
termination payment, together with detailed supporting documentation. If BPI has any property in its
possession belonging to the Generator, BPI shall account for the same and handle it in the manner the
Generator directs.
17.3 Any Party may terminate the Contract for default in the event of a failure by either of the
other two Parties to comply with the provisions of this Contract including, but not limited to, the following:
(A) failure to perform services or other work as required;
(B) failure to comply with any material terms or provisions of the Contract;
(C) failure to comply with laws or regulations;
(D) failure or delay due to inability to obtain the required employees or equipment;
(E) failure to provide continuous and solvent business operations;
(F) failure or delay in making any required payments.
Termination for default may be delivered by email and shall be effective upon emailing, directed to the
defaulting Party (or Parties) at the addresses stated in Section 27, setting forth the manner in which the
Party is (or Parties are) in default.
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17.3.1 In the event the Generator believes BPI is in default, the Generator may include a
compliance schedule with the Notice of Termination, which must be met in order to avoid termination. The
compliance schedule shall state that within a time period specified by the Generator, BPI shall submit to
the Generator a written detailed plan describing the actions required to achieve compliance that is subject
to the Generator’s approval.
17.3.2 In the event the Contract is terminated for BPI’s or KC’s default, BPI and KC will
only be paid the base unit price for services or Work delivered or performed in accordance with the Contract,
less any deductions authorized by this Contract.
SECTION 18 RECORDS, REPORTS AND MEETINGS
18.1 The Generator and BPI shall, for the term of the Contract and six (6) years thereafter,
consistently maintain full, complete and accurate books of account and records related to this Contract at
their respective principal place of business. These records shall also include detailed information describing
the Generator’s biosolids testing results and the application rates to the project sites. The Parties shall have
the right during reasonable business hours to inspect and audit such books and records. All books and
records of account shall be maintained according to generally accepted accounting principles and
applicable requirements of the State of Washington.
18.2 The following books of account and reports may be reviewed by the Generator and shall
be made available upon request to the Generator:
•a daily project site log (including generator, field identification, delivery dates and tonnage)
during application of biosolids;
•a weekly project site summary of activities and events;
•application logs (including application rate, date, acreage and tonnage) for each project
site where biosolids have been applied;
•WAC 173-308 annual report (the Generator shall assist BPI and KC in collecting and
documenting the data required for this regulatory report); and
•copies of all written correspondence relating to this project.
18.3 The Generator shall have the right during reasonable business hours to inspect the BPP
biosolids management facilities. BPI shall provide the Generator access to perform said inspections.
18.4 The Generator and KC shall maintain records per all applicable state and federal laws.
SECTION 19 INDEMNIFICATION
19.1 BPI agrees that it shall be liable for and shall indemnify, defend, and hold harmless the
Generator and KC, and their officers, agents, and employees, from and against any claims, actions, suits,
costs, and damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for
injuries or death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of
BPI's intentional or negligent act or omission in the performance of its duties as described in this Contract,
BPI’s breaches of this Contract, or BPI’s acts or omissions in violation of law, including fines, penalties, and
judgments. In the event of any Claim arising out of the concurrent negligence of BPI and the Generator, or
BPI, the Generator, and KC, BPI’s defense and indemnification obligations under this section shall be
limited to the extent of BPI’s negligence.
19.2 KC agrees that it shall be liable for and shall indemnify, defend, and hold harmless the
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Generator, and its officers, agents, and employees, from and against any claims, actions, suits, costs, and
damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for injuries or
death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of KC’s
intentional or negligent act or omission in the performance of its duties as described in this Contract, KC’s
breaches of this Contract, or KC’s acts or omissions in violation of law, including fines, penalties, and
judgments. In the event of any Claim arising out of the concurrent negligence of KC and the Generator, or
KC, the Generator, and BPI, KC’s defense and indemnification obligations under this section shall be limited
to the extent of KC’s negligence.
19.3 The Generator agrees that it shall be liable for and shall indemnify, defend, and hold
harmless BPI and KC, and its officers, agents, and employees, from and against any claims, actions, suits,
costs, and damages of any nature whatsoever, including reasonable attorney’s fees in defense thereof, for
injuries or death to persons, or damage to property, (hereinafter “Claim”), arising directly or indirectly out of
the Generator’s intentional or negligent act or omission in the performance of its duties as described in this
Contract, the Generator’s breaches of this Contract, or the Generator’s acts or omissions in violation of law,
including fines, penalties, and judgments. In the event of any Claim arising out of the concurrent negligence
of the Generator and BPI or the Generator, KC, and BPI, the Generator’s defense and indemnification
obligations under this section shall be limited to the extent of the Generator’s negligence.
19.4 Solely for the purposes of paragraphs 19.1, 19.2, and 19.3 above, each Party, by mutual
negotiation hereby waives any immunity that would otherwise be available against such claims under the
Industrial Insurance provisions of Title 51 RCW.
19.5 The defense and indemnification obligations under this section shall survive the
termination of this Contract.
SECTION 20 ENVIRONMENTAL INDEMNITY
Generator agrees that it shall conduct its activities related to this Contract in compliance with all
applicable environmental laws. For purposes of this Contract, “Environmental Laws” means all federal,
state, and local laws, ordinances, regulations, permits, decrees, or other governmental requirements now
or hereafter in effect related to Hazardous Materials. Generator agrees to defend, indemnify and hold KC
and BPI harmless from and against, any and all claims, liabilities, lawsuits, damages, demands, suits,
losses, judgments and costs, including but not limited to removal, remedial action or other costs recoverable
under CERCLA or MTCA; any and all other requirements, charges, interest, fees, oversight costs or
penalties (civil or criminal or both) imposed by any authority; and all other expenses including but not limited
to claims for bodily injury or death, property damage, diminution in value or loss of use, including attorneys’
fees and other costs of defense (collectively, “Environmental Claims”) caused by or arising from the use,
disposal, transportation, generation, release or threatened release, handling, spillage, storage, treatment,
and/or deposit of Hazardous Materials by Generator in, on, around, about or emanating from the BPP.
Without limiting the generality of the foregoing, the Parties acknowledge that Environmental Claims, as
defined herein, are not limited to third party claims, but include Environmental Claims made or incurred by
Generator. Generator’s duties under this Section 20 include the duty to pay or reimburse KC’s and/or BPI’s
reasonable costs to monitor or oversee cleanup or other corrective work, including but not limited to third
party engineering and other consulting services, sampling and studies, confirmatory testing, compliance
monitoring, and administrative costs and expenses incurred in procuring and managing the same. All
Environmental Claims involving the release or presence of Hazardous Materials shall be subject to this
Section 20, and not the indemnity and liability provisions of Section 19. Notwithstanding the foregoing,
Generator’s obligations under this Section 20 do not apply to Pre-Existing Hazardous Materials. For the
purposes of this Section 20, “Pre-Existing Hazardous Materials” shall mean any Hazardous Materials that
were in, on, or under the BPP site prior to the commencement of the term of this Contract, provided that
the presence of the Pre-Existing Hazardous Materials in, on, or under the BPP site is not attributable to
Generator.
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SECTION 21 DISPUTES UNDER THIS CONTRACT
21.1 In the event that a dispute arises under this Contract, then representatives from the
Parties involved in the dispute shall meet and confer in an effort to resolve the dispute. If the Parties’
representatives cannot resolve the dispute within fifteen (15) calendar days then any Party involved in the
dispute may request that the Parties involved in the dispute engage in mediation, with each such Party to
share equally in the costs of mediation. If the dispute is not resolved to the satisfaction of the Parties
involved through mediation, then any of the involved Parties may take whatever steps it deems appropriate,
including but not limited to, bringing a civil action in a court of competent jurisdiction. Nothing in this section
shall be construed to prohibit any Party from exercising its right to terminate this Contract as otherwise
provided herein or be construed as a precondition to the exercise of such right to terminate.
21.2 Pending final decision of a dispute hereunder, all Parties shall proceed diligently with the
performance of the Contract.
SECTION 22 SEVERABILITY
If any part of the Contract is declared to be invalid or unenforceable, the rest of the Contract
shall remain binding.
SECTION 23 INDEPENDENT CONTRACTOR
Each Party hereto is and shall perform this Contract as an independent contractor, and as such,
shall have and maintain complete control over all of its employees, agents, and operations. None of the
Parties nor anyone employed by them shall be, represent, act, purport to act or be deemed to be the agent,
representative, employee or servant of any of the other Parties.
SECTION 24 FORCE MAJEURE
Should any of the Parties be prevented wholly, or in part, from performing their respective
obligations under this Contract by a cause reasonably outside of and beyond the control of the Party
affected thereby, including but not limited to war, government regulation, restriction or action, strike, lockout,
accidents, storms, earthquake, fire, acts of God or public enemy or any similar cause beyond the control of
the Parties “Force Majeure,” then such Party shall be excused hereunder during the time and to the extent
that the performance of such obligation are so prevented, and such Party shall have no liability whatsoever
for any damages, consequential or otherwise, resulting therefrom. Force Majeure does not include the
Generator’s financial inability to pay the required payments set forth in this Contract.
SECTION 25 NON-WAIVER
Failure by any of the Parties to enforce their rights under any provision of this Contract shall not be
construed to be a waiver of that provision. No waiver of any breach of this Contract shall be held to be a
waiver of any other breach.
SECTION 26 ASSIGNMENT
No Party may assign any interest, obligation or benefit under or in this Contract or transfer any
interest in the same, whether by assignment or novation, without the prior written consent of the other
Parties. If assignment is approved, this Contract shall be binding upon and inure to the benefit of the
successors and/or assigns.
SECTION 27 NOTICES
All notices required under this Contract shall be personally delivered, sent by nationally recognized
overnight delivery service, sent by email or mailed by certified or registered mail, postage prepaid as follows:
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If to the Generator, addressed to:
Name Caitlin Dwyer, Utilities Manager
Address City of Arlington
238 N Olympic Ave #1337, Arlington, WA 98223
(360) 403-3540
cdwyer@arlingtonwa.gov
If to BPI, addressed to:
Name: David K. Ruud, Operations Manager
Address: Boulder Park, Inc.
P.O. Box 285, Mansfield, WA 98830
(509) 683-1142
ruudbpi@aol.com
If to KC, addressed to:
Name: Jake Finlinson, Biosolids Project Manager
Address: King County Wastewater Treatment Division
201 S. Jackson Street, #KSC-NR-0512, Seattle, WA 98104
(206) 477-3524
jake.finlinson@kingcounty.gov
Or to such other person or address as any Party shall specify by written notice so given. Notices shall be
deemed to have been given and received as of the date sent or, if mailed, three (3) business days after
being deposited in the US mail.
SECTION 28 ENTIRE CONTRACT; AMENDMENT
This Contract constitutes the entire agreement between the Parties concerning the subject matter
hereof and supersedes any and all other communications, representations, proposals, understandings or
agreements, either written or oral, between the Parties with respect to such subject matter. This Contract
may not be modified or amended, in whole or in part, except in writing signed by all Parties.
SECTION 29 COUNTERPARTS; ELECTRONIC SIGNATURES
This Contract may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which together shall constitute one and the same instrument. The Parties acknowledge
and agree that this document may be executed by electronic signature, which shall be considered as an
original signature for all purposes and shall have the same force and effect as an original signature. Without
limitation, “electronic signature” shall include those signed via electronic medium or electronically scanned
and transmitted versions (e.g., via pdf) of an original signature.
SECTION 30 AUTHORITY
The undersigned represents that they are fully authorized to enter into this Contract on behalf of
the Party for whom they sign. Upon full execution of this Contract, this Contract shall be binding on each
Party. Each Party has had the opportunity to review this document with an attorney of their choice.
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IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the date set
forth below.
CITY OF ARLINGTON BOULDER PARK, INC.
By By
James X. Kelly, P.E., Public Works Director Leroy Thomsen, President
Date Date
KING COUNTY
By
Kamuron Gurol
Director, Wastewater Treatment Division
Date
Approved as to form only:
Verna Bromley, Sr. Deputy Prosecuting Attorney
Date
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3/10/2025 3/11/2025
3/11/2025
3/12/2025
Attachment A – BPP Roles & Responsibilities 1
ATTACHMENT A
Boulder Park Project Beneficial Use Facility
Project Roles and Responsibilities
(Douglas County)
This document clearly defines the roles and responsibilities of each project participant of
the Boulder Park Project Beneficial Use Facility (BPP) in Douglas County, Washington.
Additional descriptions of certain tasks are discussed in more detail in the BPP Site
Specific Land Application Plan (SSLAP).
King County Department of Natural Resources and Parks, Wastewater Treatment
Division, Resource Recovery Section, Biosolids Unit
King County Biosolids Supervisor
Overall responsibility for King County biosolids projects.
Must approve or be notified of all project proposals; press
announcements/responses; public informational handouts and meetings;
environmental monitoring/sampling; permits; research plans; project budgets and
capital expenditures; and overall project management.
May review or be consulted on project issues as they arise.
Has authority to stop operations at any time for non-compliance of Contract
specifications.
King County Biosolids Agriculture Project Manager
Direct responsibility for Boulder Park Project management.
Tasks with full responsibility include, but are not limited to:
Site Development – work jointly with Boulder Park, Inc. (BPI) to identify suitable
application sites according to the BPP General Land Application Plan (GLAP);
prepare permit documentation; maintain records for each permitted site including
landowner, property legal descriptions, signatures, acreage, and farmer.
Product: Permit documentation; maps; Master List of Boulder Park Project Acreage;
Landowner Authorizations.
Public Involvement/Communications - schedule/coordinate site tours, open houses,
public meetings; address project issues; ensure that adequate communications are
maintained among all project participants.
Product: Public meeting, open house, tours; periodic contact with project participants
and stakeholders.
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Attachment A – BPP Roles & Responsibilities 2
Permits - procure, document, and ensure compliance with all applicable permits and
regulations.
Product: Permit application documentation, maintain permit-related data and
documentation, and produce project addendums and GIS project maps.
Applications – prepare activity table (addendum) and maps of next season’s
proposed applications; calculate agronomic application rates for Department of
Ecology approval.
Product: SSLAP Addendum; BPP application rate calculations and available nitrogen
values.
Field Operations - ensure that all field operations are performed by BPI according to
SSLAP and permit requirements.
Product: Site inspections; phone and email logs; review of BPI weekly report.
Biosolids Delivery - coordinate with King County Transportation Manager and other
King County biosolids team members on distribution and scheduling; inspect project
storage areas.
Product: KC distribution plan; site inspection logs.
Equipment - schedule, budget, and procure necessary equipment for year-round
operations.
Product: Boulder Park equipment replacement schedule; capital budget
forecasts/requests.
Recordkeeping - maintain detailed, up-to-date records on all facets of the Boulder
Park Project.
Product: files on the following: correspondence; landowner records; other generators
records; contract and change order documents; invoices; capital budget and
equipment; monitoring data results; BPI weekly reports; application rate
calculations/approvals.
Reports - prepare annual reports jointly with BPI.
Product: (1) Department of Ecology 308 Annual Biosolids Report and (2) BPP
Annual Report, including: biosolids application and storage tables, project overview
map, monitoring data, operational activities, and research results.
Analytical Data Review & Monitoring – receive and review biosolids quality data from
all BPP participating agencies, work jointly with BPI to schedule and conduct soil
sampling, review analytical data results, conduct biosolids field sampling as needed,
conduct annual water monitoring, ensure all sampling protocols are followed per
approved Sampling & Analysis Plan, respond to data requests.
Product: Monitor overall biosolids quality for products received and applied at BPP,
soil and water analytical data tables; sampling log; BPP annual report.
Safety - ensure BPI has approved Safety Plan following all current applicable
regulations.
Product: Periodic review of BPI Safety Plan and safety meeting records.
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Attachment A – BPP Roles & Responsibilities 3
Contracts – work jointly with BPI to draft and finalize Three-Party Contracts.
Product: Fully executed Three-Party Contracts for biosolids land application services
at the BPP.
Assure permit and project plan commitments are followed and all contract
performance standards are met as described in the Contract #471783.
Must review or be consulted on biosolids delivery, tracking and road
agreements/restrictions.
Must be notified about research plans and objectives.
Has authority to stop operations at any time for non-compliance of contract
specifications.
KC Biosolids Transportation Manager
Overall responsibility for efficient scheduling and safety of only King County biosolids
hauling and deliveries to BPP sites.
Overall responsibility to coordinate response only if King County biosolids are
accidentally spilled along the haul route.
Overall responsibility to distribute, update, and provide training on the KC Spill
Prevention and Response Plan and/or ‘Biosolids and Grit Haul Driver’s Handbook’ to
King County hauler.
Principal contact between King County treatment plant personnel and King County
haul contractor to coordinate biosolids deliveries.
Must review and be consulted on road agreements and restrictions regarding haul
trucks.
May review or be consulted on project issues as they arise.
Boulder Park Incorporated (BPI)
BPI President, Leroy Thomsen
Overall responsibility for project compliance and that all BPP operations follow the
prescribed SSLAP.
Responsible for directing daily operations and all functions of BPI.
Responsible for hiring and overall supervision of all BPI employees.
Responsible for maintaining auditable records and files on all BPP operations and
expenditures.
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Attachment A – BPP Roles & Responsibilities 4
Responsible for maintaining efficient communications network among all project
participants and stakeholders.
Responsible for establishing a local distribution plan to involve other community
farmers in utilizing biosolids.
Must review or be consulted on all site operations, project proposals, public
meetings, and/or site tours.
May review or be consulted on contract and permit documentation, press
announcements, research projects, and monitoring data.
Serves as site representative of all the landowners on the project. Responsible to
speak or assign designee about the pros and cons related to biosolids utilization and
be available for tours as needed. All site tours must be coordinated with King
County’s Project Manager and BPI’s Operations Supervisor.
BPI Operations/Site Supervisor, Dave Ruud
Principal contact for all contract-related activities on this project. Ensures the project
is carried out according to all local, state, and federal requirements and laws; meets
the BPP’s approved SSLAP requirements; and meets all aspects of the King County
Land Application Services Contract and BPP Three-Party Contracts. Works directly
with BPI President and closely with King County’s Project Manager and/or designee.
Tasks with full or partial responsibility include, but are not limited to:
Site Development – work jointly with BPI to identify suitable application sites
according to the BPP GLAP; prepare permit documentation; maintain records for
each permitted site including landowner, property legal descriptions, signatures,
acreage, and farmer.
Product: Permit documentation; maps; Master List of Boulder Park Project Acreage;
Landowner Authorizations.
Public Involvement/Communications - schedule/coordinate site tours, open houses,
public meetings; address project issues; ensure that adequate communications are
maintained among all project participants.
Product: Public meeting, open house, tours; periodic contact with project participants
and stakeholders.
Permits - assist in preparing documentation and ensuring compliance with all
applicable permits and regulations.
Product: Review permit application documentation and project maps as required; no
permit violations.
Haul Routes & Storage Areas - identify location, haul routes, and required buffers;
prepare site access and delivery areas; ensure all required signs are clearly posted;
monitor road restrictions and work closely with all local transportation authorities.
Product: Review GIS site maps; year-round delivery site accessibility.
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Attachment A – BPP Roles & Responsibilities 5
County Road Maintenance and Repair - coordinate with Douglas County
Transportation Services (DC) to provide water and equipment as necessary to
maintain/repair haul routes; advise DC of proposed haul routes or changes of haul
routes; and proposed delivery schedules.
Product: Updated project maps; minimal complaints from public and DC personnel;
clean and safe roads for public usage.
Biosolids Delivery - coordinate with King County, BPI haul Subcontractor(s), and
other generator’s hauling Contractor; assist truck drivers at delivery sites; reconcile
tonnage delivered and land applied; comply with road agreements and restrictions;
and inspect sites.
Product: delivery schedule; tonnage/inspection records; proper signage.
Equipment - maintain, operate, store, and repair all BPP equipment to minimize
down-time. Ensure King County owned equipment is maintained/serviced according
to manufacturer recommendations and Work is appropriately documented. Ensure
all equipment under BPI responsibility and management maintains appropriate
insurance coverages.
Product: maintenance records; equipment logs; appropriate insurance coverages.
Operations - supervise daily field operations and deliveries; hire operators; inspect
site for compliance with permit and SSLAP; and inform BPI President and KC project
manager of problems.
Product: BPI weekly reports.
Applications - coordinate delivery and application schedule with farmers; calibrate
equipment to accurately apply Ecology-approved biosolids application rate; monitor
and record tons applied to each site; responsible for timely incorporation of all
applied biosolids after application.
Product: SSLAP Addendum; equipment calibration and application log by site and
generator.
Recordkeeping - maintain detailed up-to-date records on all facets of project.
Product: BPI weekly reports; biosolids application log; monthly biosolids
delivery/reconciliation records; maintenance records; sampling log; posted sites;
invoices; billing and soil amendment value payment; application rate
calculations/approvals; safety/training records; project correspondence;
landowner/farmer records; other generators records; contract and change order
documents; permit documentation; monitoring data results.
Reports - prepare annual reports jointly with King County’s Project Manager.
Product: Department of Ecology 308 Annual report and BPP Annual Report.
Monitoring - ensure all water, soil, grain, and biosolids samples are collected,
delivered, and analyzed according to schedule and protocols as specified in SSLAP.
Ensure analytical results are sent to both BPI and KC; operate, maintain, and repair
soil sampling equipment; establish analytical lab contracts; immediately notify
Ecology and King County’s Project Manager of unusual results.
Product: sampling logs; BPP annual report.
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Attachment A – BPP Roles & Responsibilities 6
Contracts – work jointly with King County to draft and finalize Three-Party Contracts.
Ensure BPI maintains insurance and associated insurance limits as required.
Product: Fully executed Three-Party Contracts for biosolids land application services
at the BPP. Current liability insurance meeting all contract requirements.
Safety - ensure all operations are performed safely; establish and initiate an
operations safety program following WA Department of Labor and Industries
Agricultural Code.
Product: first aid training certification; approved Safety Program and safety meeting
records.
Solely responsible for hauling other generator’s biosolids, if specified in contract.
Must maintain current list of these generators along with contact information and
provide to Department of Ecology and King County.
Has authority to stop operations if operations at the site are not in accordance with
the BPP SSLAP or as directed by BPI president, landowner or regulatory personnel.
May review or be consulted on biosolids research proposals at the BPP and
coordinating and assisting researchers as necessary.
BPI Principals:
Responsible for overall management and operations of BPI including, but not limited
to, organizational liabilities, daily operations, employees, and equipment and
facility/shop.
Responsible for community outreach and involvement: work and communicate with
local government employees/officials as needed; be available for meeting with and
providing information to community members as needed; work with local landowners
and farmers in developing biosolids interests and land application sites; be available
for BPP tours as needed.
Responsible for providing guidance and/or decisions in regard to BPP application
locations, priority, and field application specifics.
Must be notified of all site operations.
Washington Department of Ecology (Ecology), Central Region Biosolids
Coordinator
Responsible for issuing permits and verifying permit compliance, reviewing
monitoring data, approving project proposals and storage sites, and responding to
public questions and concerns.
Responsible for interpreting biosolids state regulations.
Responsible for final approval of all biosolids application rates.
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Attachment A – BPP Roles & Responsibilities 7
Must review or be consulted on environmental documentation, open houses, public
meetings, and new project proposals.
Must be notified and updated on project operations, biosolids delivery schedule and
storage/application progress (BPI weekly report).
WSU Cooperative Extension, Research Scientist
Responsible for providing information about best farming practices associated with
biosolids utilization in the area.
Responsible for any research-related proposals, plans, sample collection, data
request response, and reports associated to this project.
Responsible for assistance and review of biosolids application rates.
May review or be consulted on project proposal, permit preparation, site suitability,
monitoring data results, public information, open houses, site tours and press
announcements.
BPP Participants/Other Generators
Overall responsibility for complying with all state and federal regulations, permits,
equipment use fees per contract with BPI and King County; coordinating hauling of
their biosolids to designated project storage areas; if self-hauling, ensuring that their
truck drivers are properly trained and have a copy of their spill response plan in each
truck; addressing project issues related to their biosolids, especially after an accident
or spill; communications between BPI, King County, and regulatory agencies
regarding their biosolids; immediately notifying BPP of any biosolids quality issues;
preparing and reviewing correspondence and reports; project budgets; audits; and
billing.
Assure permit and project plan commitments are followed and all contract
performance standards are met as described in their contract with BPI and King
County.
Must review or be consulted on their biosolids delivery schedule; accurately
document biosolids weight and delivery information; and provide timely tonnage
reporting for reconciliation purposes.
Overall responsibility that the quality of their biosolids meets all regulatory
requirements and is appropriate for land application. Must submit their latest
biosolids quality data to Ecology and King County Biosolids Agriculture Project
Manager upon receipt.
Must conduct periodic inspection of site operations during periods when they are
utilizing sites at the BPP.
Has authority to stop operations at any time for non-compliance of contract
specifications.
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
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Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Office of Risk Management Services
Department of Executive Services
201 South Jackson Street, Suite 320
Seattle, WA 98104
(206) 263-2250
KING COUNTY CERTIFICATE OF SELF-INSURANCE
April 1, 2024 – April 1, 2025
This letter is to certify that King County, a charter county government under the constitution of the State
of Washington, maintains a funded self-insurance program for the protection and handling of the
County’s liabilities, including injuries to persons and damage to property. Should an incident occur
involving the negligence of County employees acting in the scope of their employment, the County’s
self-insurance program would respond.
This letter is also to certify that King County carries a blanket All-Risk property insurance policy to
cover damage and physical loss to its property.
Please note that this certificate is issued for informational purposes only and neither confers any rights
nor constitutes an agreement between King County and any other party.
If you have any questions, please do not hesitate to contact the King County Office of Risk Management
Services, Insurance and Contracts Section at the phone number above.
Sincerely,
The Office of Risk Management Services
Insurance and Contracts Section
Rev 3/5/2024
Docusign Envelope ID: C152F610-7660-48BD-8947-111DC53D0501
Certificate Of Completion
Envelope Id: C152F610-7660-48BD-8947-111DC53D0501 Status: Completed
Subject: Complete with Docusign: 2025_BPP_FINAL_BPI-KC-ARLINGTON-CONTRACT-031025.pdf
Source Envelope:
Document Pages: 29 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Carlos Rodriguez
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
401 5TH AVE
SEATTLE, WA 98104
carrodriguez@kingcounty.gov
IP Address: 198.49.222.20
Record Tracking
Status: Original
3/10/2025 2:57:41 PM
Holder: Carlos Rodriguez
carrodriguez@kingcounty.gov
Location: DocuSign
Security Appliance Status: Connected Pool: FedRamp
Storage Appliance Status: Connected Pool: King County-Dept of Natural Resources &
Parks-Wastewater Treatment
Location: Docusign
Signer Events Signature Timestamp
James X. Kelly
jkelly@arlingtonwa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 206.208.65.146
Sent: 3/10/2025 3:25:36 PM
Viewed: 3/10/2025 3:42:01 PM
Signed: 3/10/2025 3:42:19 PM
Electronic Record and Signature Disclosure:
Accepted: 3/10/2025 3:42:01 PM
ID: 757daf5e-8914-4a31-901f-2cc8f81f1c5b
Leroy Thomsen
ruudbpi@aol.com
Manager
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 96.46.31.181
Sent: 3/10/2025 3:42:20 PM
Viewed: 3/11/2025 10:51:15 AM
Signed: 3/11/2025 10:51:52 AM
Electronic Record and Signature Disclosure:
Accepted: 9/29/2021 10:26:04 AM
ID: 85a21f2a-1aa4-44f0-ad58-a3ec63db2775
Verna Bromley
verna.bromley@kingcounty.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.222.20
Sent: 3/11/2025 10:51:54 AM
Viewed: 3/11/2025 11:50:13 AM
Signed: 3/11/2025 11:50:34 AM
Electronic Record and Signature Disclosure:
Accepted: 3/11/2025 11:50:13 AM
ID: fec656bd-5086-42c8-8d71-55483a0cac54
Kamuron Gurol
kgurol@kingcounty.gov
WTD Director
King County WTD
Security Level: Email, Account Authentication
(None)
Signature Adoption: Drawn on Device
Using IP Address: 97.113.45.92
Sent: 3/11/2025 11:50:36 AM
Resent: 3/12/2025 9:29:19 AM
Viewed: 3/12/2025 9:49:31 AM
Signed: 3/12/2025 9:49:55 AM
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted: 3/12/2025 9:49:31 AM
ID: 832db4ca-3daf-4b19-8a24-1b7e0193229d
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jake Finlinson
jake.finlinson@kingcounty.gov
Biosolids Project Manager
King County - WTD
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2025 9:49:56 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Marla Erickson
marla.erickson@kingcounty.gov
Executive Secretary/Asst 1
King County-Department of Natural Resources and
Parks-Wastewater Treatment
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2025 9:49:57 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Caitlin Dwyer
cdwyer@arlingtonwa.gov
Security Level: Email, Account Authentication
(None)
Sent: 3/12/2025 9:49:58 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/10/2025 3:25:37 PM
Certified Delivered Security Checked 3/12/2025 9:49:31 AM
Signing Complete Security Checked 3/12/2025 9:49:55 AM
Completed Security Checked 3/12/2025 9:49:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, King County-Department of Natural Resources and Parks-Wastewater
Treatment (we, us or Company) may be required by law to provide to you certain written notices
or disclosures. Described below are the terms and conditions for providing to you such notices
and disclosures electronically through the DocuSign system. Please read the information below
carefully and thoroughly, and if you can access this information electronically to your
satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please
confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and
signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 6/25/2020 6:57:10 AM
Parties agreed to: James X. Kelly, Leroy Thomsen, Verna Bromley, Kamuron Gurol
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact King County-Department of Natural Resources and Parks-Wastewater
Treatment:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: ohansen@kingcounty.gov
To advise King County-Department of Natural Resources and Parks-Wastewater
Treatment of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at ohansen@kingcounty.gov and in
the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from King County-Department of Natural Resources and Parks-
Wastewater Treatment
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to ohansen@kingcounty.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with King County-Department of Natural Resources and Parks-
Wastewater Treatment
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to ohansen@kingcounty.gov and in the body of such request you must state
your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify King County-Department of Natural Resources and Parks-
Wastewater Treatment as described above, you consent to receive exclusively through
electronic means all notices, disclosures, authorizations, acknowledgements, and other
documents that are required to be provided or made available to you by King County-
Department of Natural Resources and Parks-Wastewater Treatment during the course of
your relationship with King County-Department of Natural Resources and Parks-
Wastewater Treatment.
CONTRACT NO. 25-024 17
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the date set
forth below.
CITY OF ARLINGTON BOULDER PARK, INC.
By By
Don E. Vanney, Mayor Leroy Thomsen, President
Date Date
KING COUNTY
By
Kamuron Gurol
Director, Wastewater Treatment Division
Date
Approved as to form only:
Verna Bromley, Sr. Deputy Prosecuting Attorney
Date