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HomeMy WebLinkAboutUtilities 2014-11-17 Item 2B - Discussion - King County Regional Sewer Treatment Agreement NegotiationsTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Pat Brodin, Operations Manager DATE: November 14, 2014 SUBJECT: King County Regional Sewer Treatment Agreement Negotiations ISSUE Update Committee on negotiations for a new sewage disposal contract between King County and member agencies. BACKGROUND In early 2014, as part of MWPAAC (Metropolitan Water Pollution Abatement Advisory Committee), a working sub-group of key staff from King County and member agencies met on the first and third Fridays of each month to discuss regional issues for the next sewer treatment contract update. The selected team began early this year by establishing a framework for good development processes. Along with the Guiding Principles (see attached) to start the process, the negotiating team has been working on several issues that include: • Governance • Our Waters (formerly Culver Funds) • Reclaimed Water • Innovation • Rate Setting • Capital Planning & Projects (define large/small, regional/local) The purpose of the negotiating team is to develop a new, long-term regional sewer wastewater treatment agreement for use by all of the MWPAAC member agencies in establishing agency-specific contracts with King County. The goal of the working team is to work in partnership developing a framework that is viewed as fair by all of the regional partners. RECOMMENDATION Information only. Attachments: Letter dated May 23, 2014 from Bob Burns of King County Draft Guiding Principles Draft Issue Discussion Status Report W:\Shared Copy Only\ PabInfo Memo Regional Sewage Contract Issues 11-14-14 - sb.docx 19 King County Department of Natural Resources and Parks Director's Office King Street Center 201 S Jackson St, Suite 700 Seattle, WA 98104 -3855 May 23, 2014 MWPAAC Agency Liaison or Agency Director Address RE: Regional Wastewater Treatment Agreement Negotiations Dear » » » »: We are writing to formally inform you of an effort that has recently been initiated to address the need for a new regional wastewater treatment agreement. A new negotiating team was recently formed to develop this agreement; this committee is comprised of 11 members from King County and MWPAAC member agencies. We are two members of this team, which will be working to represent the interests of King County, cities and districts, both large and small, as we negotiate the draft terms of the agreement. Our team has started meeting to establish its purpose, goals, guiding principles, and the framework for a good development process. We would like to communicate this information to you and reach out to you to establish a conduit for information flow between your agency and the negotiating team. The original sewage disposal agreements, signed in the early 1960's, have served this region well for the last half century. They helped achieve one of the region's primary goals at the time - cleaning up Lake Washington. However, much has changed in our region in the 50 years since those original agreements were reached. The regional wastewater system has grown substantially and now serves 1.5 million people. Continued population growth in the region, expectations from our customers for cost effective wastewater collection and treatment, and continuing changes in environmental regulations to address issues such as fish consumption and enhanced treatment requirements are challenges that we will need to address through collaborative partnerships in order to be truly successful. The purpose of the negotiating team is to develop a new, long -term regional wastewater treatment agreement for use by all of the MWPAAC member agencies in establishing agency- specific contracts with King County. Our goal, as a working team, is to work in partnership to develop an agreement that takes into account, as much as possible, the needs of all the MWPAAC agencies. To this end, we have worked over the last few months to develop a set of guiding principles that will serve to help us develop a framework agreement that is viewed as fair by all the regional partners. We have attached these guiding principles and the list of negotiating team members for your information. Our plan is to meet regularly over the course of the year, with a goal of reaching conceptual agreement on provisions of this contract for each agency to consider. 20 MWPAAC Agency Liaison or Agency Director Date Page 2 Our negotiating team also has a strong goal of providing avenues for MWPAAC agencies to give input and to receive ongoing information on the status and progress of our work. We intend to give periodic reports through the MWPAAC Sewage Disposal Agreements Subcommittee and you can always provide input directly to either one of us, or to any of the other members of our negotiating team. If an in- person meeting would be helpful to answer questions about this effort and to provide us with details on the issues that are important to your agency, please contact one of us at your earliest convenience. We look forward to working with you and /or others in your agency on this effort. Sincerely, Bob Burns, Deputy Director King County Department of Natural Resources and Parks 21 DRAFT GUIDING PRINCIPLES Regional Wastewater Treatment Agreement Negotiations April 18, 2014 PURPOSE: The purpose of these Guiding Principles is to lay a foundation for a new, long -term regional wastewater treatment agreement and to develop strong, highly constructive and long- lasting working partnerships between King County and wastewater contract agencies. These Guiding Principles work in concert and context together. They are not meant to stand alone, nor does one principle take priority over another. We, the regional partners will: 1. Develop contract language that is clear so that both the intent and meaning are understood by all parties. 2. Develop a contract that supports a stronger, more transparent partnership that fosters openness, timely review and participation in decision making, and clarity of roles and processes. 3. Recognize that we strive to be good environmental stewards and protect environmental quality and public health. 4. Be accountable to our ratepayers and be good financial stewards by providing regional wastewater services, practices, operations, financing, and capital investments in a cost - effective manner for current and future ratepayers. 5. Strive to meet regulatory compliance. 6. Endeavor to meet level of service expectations of customers. 7. Recognize the constraints and obligations of one another's regulatory framework, consent decrees, permits, and agency needs. 8. Understand that there is an interrelationship between our respective systems and agencies and that all parties will work to optimize operational effectiveness and investments through improved coordination to reduce costs and better serve ratepayers. 9. Seek to understand each other's issues and work proactively and collaboratively to maximize benefits and avoid or address adverse impacts to the operation of our respective systems. 10.Provide for certainty and build in capacity to be flexible for future and unforeseen needs and opportunities. 11.Develop a contract that is viewed as fair by all the regional partners. 22 DRAFT — October 17, 2014 REGIONAL WASTEWATER TREATMENT NEGOTIATION TEAM ISSUE DISCUSSION STATUS REPORT ssue List Guiding Principles Board Roles Guiding Principles for Wastewater Negotiations Draft Completed — See Exhibit 1 N/A Governance Draft Concepts In Progress — See Exhibit 2 N/A Our Waters Draft Completed — See Exhibit 3 In progress, see page 3 Reclaimed water Draft Completed — See Exhibit 4 n progress Innovation Draft Completed — See Exhibit 5 To Do Service expansion and contraction Discussion in progress To Do What's regional /What's not Discussion in progress To Do Capital projects • Project implementation, oversight, accountability Discussion in progress, see. pages 4 -5 Discussion in progress Rate setting To do To do Regulatory requirements (how we comply) To do To do Short - term /long -term financing To do To do Legislative issues (state and federal) related to what's best for region and for customers To do To do Budget To do To do Wheeling To do To do Regional operational issues To do To do Planning /policies To do To do General contract conditions as a starting point To do To do Asset management To do To do I &I To do To do 1 DRAFT — October 17, 2014 REGIONAL WASTEWATER TREATMENT NEGOTIATION TEAM ISSUE DISCUSSION STATUS REPORT Draft Board Role Definitions: October 8, 2014 Determine outcome Propose /endorse; voting required, and formal response Provide guidance; no formal response or voting required Provide opportunity for feedback; feedback is optional Primary goal is to provide information 2 DRAFT — October 17, 2014 REGIONAL WASTEWATER TREATMENT NEGOTIATION TEAM ISSUE DISCUSSION STATUS REPORT OUR WATERS Our Waters (Culver Fund) — TITLE TBD Interests Decide Recommend Advise Review Inform 1. Define purpose and initial criteria 2. Amend criteria 3. Develop and prioritize list of projects that meet the criteria 4. Decide on final projects from list provided by Board 5. Set up -to amount 6. Surplus 3 DRAFT — October 17, 2014 REGIONAL WASTEWATER TREATMENT NEGOTIATION TEAM ISSUE DISCUSSION STATUS REPORT Capital Planning and Projects a. Strategic Planning Interests Decide Recommend Advise Review Inform 1. Design and implement data collection - 2. Analysis of data and planning assumptions (objective, benefits, costs, timing, demand projections, potential funding sources) M=111111 Determine the alternatives for consideration MIE 3. Prepare needs assessment - 3. Analysis of alternatives including funding, pricing where applicable a. For reclaimed water projects consideration of impact on retail and wholesale water utilities, determination of funding splits on projects, and pricing where applicable 4. Develop plan alternatives 4. Selection of preferred alternatives 5. Recommend preferred alternatives and prioritized project list EMIIMEIM 5. 6. Prepare plan report and financial plan b. Capital projects —RWSP projects + other large, new projects Interests Decide Recommend Advise Review Inform 1. Identify what other "other large projects" go through this level of review 2. Determine the alternatives for consideration 3. Analysis of alternatives including funding, pricing where applicable a. For reclaimed water projects consideration of impact on retail and wholesale water utilities, determination of funding splits on projects, and pricing where applicable 4. Selection of preferred alternatives 5. Design of preferred alternative 6. Independent value engineering...yes /no? 7. Implementation (construction phase) 8. Discussion and potential reconsideration based on changes in cost and scope (change review board) 4 DRAFT — October 17, 2014 REGIONAL WASTEWATER TREATMENT NEGOTIATION TEAM ISSUE DISCUSSION STATUS REPORT c. Other Capital projects —+ small projects (and not those above) Interests Decide Recommend Advise Review Inform 1. Identify projects that go through subsequent steps 2. Definition and analysis of alternatives 3. Selection and design of preferred alternatives 4. Independent value engineering 5. Implementation 6. Reconsideration based on cost overruns and change in scope 5