The URL can be used to link to this page

Home My WebLink AboutC20040228 Interlocal Agreement r CICAniT rim IMITV 10II1I111'11III (11IIV 1 c00 05200103 Skagit County Auditor After Recording Return to: 5/20/2004 Page 1 of 11 3:48PM I fit IVMEMtt{N111111M GARY SORENSEN 200405190003 SKAGIT COUNTY PUBLIC WORKS Skagit County Auditor 1800 CONTINENTAL PLACE 5119;2004 page 1 of 10 8.49AM_ MOUNT VERNON,WA 98273 SKAGiT COUNTY Contract # C20040228 Page 1 of 11 *ee -g.tQrrdcce. -Jo Apt"Rts&64.imi INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITIES AND TOWNS IN SKAGIT COUNTY FOR SOLID WASTE MANAGEMENT THIS AGREEMENT, made and entered into on this R day of , 2004, by and between the Cities and Towns listed, hereinafter called "Municip titles" and Skagit County, Washington, hereinafter called "County" pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT_ WHEREAS, Skagit County and each of the Municipalities executing this Interlocal Agreement are authorized and directed by Chapter 70.95 RCW to prepare a Comprehensive Solid Waste Management Plan and are further authorized by Chapter 39.34 RCW to enter into an Interlocal Agreement for the administration and implementation of said Plan; and WHEREAS, Skagit County prepared a Comprehensive Solid Waste Management Plan for the County and Municipalities of the County in 1994, and is in the process of updating the Plan with the active involvement of the Municipalities with completion anticipated in 2004; and WHEREAS, the 2004 Comprehensive Solid Waste Management Plan update calls for significant improvements to and replacements for existing waste facilities, and the County has entered into a waste export contract that expires in 2013, and in light of these factors long term financial planning is desirable; and WHEREAS, providing the most effective and efficient system for managing solid waste generated in Skagit County, including its Municipalities, requires use of the solid INTERLOCAL AGREEMENT Page 1 of 9 SCAGIT COUNTY Contract# C20040228 Page 2 of 11 waste disposal system established by the County and the Comprehensive Solid Waste Management Plan of the County to the fullest extent possible; NOW, THEREFORE, Skagit County and the undersigned Municipalities agree as follows: 1. This Interlocal Agreement entirely replaces the previous Interlocal Cooperation Agreement for a Comprehensive Solid Waste Disposal System that the parties entered into in 1986. 2. Definitions. For the purposes of this Interlocal Agreement, the following definitions apply: 2.1 "Municipality" means a City or Town in Skagit County, Washington. 2.2 "Comprehensive Solid Waste Management Plan" means the Skagit County Comprehensive Solid Waste Management Plan issued in 1994 (2004 in progress) and as amended from time to time. 2.3 "County' means Skagit County,Washington. 2.4 'Interlocal Agreement" means this Interlocal Cooperative Agreement Between Skagit County and Cities .and Towns in Skagit County for Solid Waste Management. 2.5 "Person" means an individual,'firm, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. 2.6 "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes including, but limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and constructions wastes, abandoned vehicles or parts thereof, and recyclable materials, with the exception of wastes excluded by WAC 173-304-015. ......................................................................... 21 "Solid waste handling" means the management, storage, collection, transportation, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from such wastes or the conversion of energy in such wastes to more useful forms or combinations thereof, and as such term may be modified by amendments to Chapter 70.95.030(23) RCW. 2.8 "System" means all facilities for solid waste handling owned or operated, or contracted for, by the County, and all administrative activities related thereto. INTERLOCAL AGREEMENT Page 2 of 9 th01.111 Skagit County Auditor 5 5/20/2004 Page 2 of 11 3:48PM SKAGIT COUNTY Contract# C20040228 Page 3of 11 3. Responsibilities for Waste Disposal and System. For the duration of this Interlocal Agreement, the County and Municipalities shall have the following responsibilities: 3.1 The Municipalities shall provide appropriate staff and resources to meet the objectives and needs of the Transfer Station Oversight Sub-Committee, Solid Waste Advisory Committee, Municipalities Committee and as otherwise indicated to fulfill this Agreement. 3,2 The County shall continue to provide for the efficient disposal of all solid waste generated within unincorporated areas of the County and within each of the Municipalities signing this Interlocal Agreement to the extent, in the manner, and by facilities as described in the Comprehensive Solid Waste Management Plan. The County shall not be responsible for disposal of nor claim that this Interlocal Agreement extends to solid waste that has been eliminated through waste recycling activities in conformity with the Comprehensive Solid Waste Management Plan. 3.3 The County shall provide for the disposal of moderate risk wastes by households at the System's existing Moderate Risk Waste Facility, or in another reasonable and similarly convenient licensed-permitted matter. 3.4 The County shall continue to provide a comprehensive solid waste management system, including educational programs, as defined by the Comprehensive Solid Waste Management Plan. 3.5 The County shall continue to operate the System in a financially prudent manner, minimize fee increases, use System revenues only for System purposes, and manage the System to meet the tipping fee rate schedule as shown in Appendix A, subject to the U.S. Bureau of Labor Statistics consumer price index for U.S. City Average remaining at 3% or lower. Should higher annual inflation occur over the period of this agreement, or unforeseen System needs/liabilities require additional revenue, a System rate analysis study shall be conducted in accordance with paragraph 3.6. Nothing in this agreement shall prohibit a decrease in System tip fees,.subject.to paragraph 3.6. 3.6 Independent Rate and Efficiency Study: Upon signature of this Interlocal Agreement by all Municipalities and Skagit County, Skagit County and the Transfer Station Oversight Sub-Committee shall jointly select and hire a consultant to perform an independent rate and efficiency study. The study shall be managed by the Transfer Station Oversight Sub-Committee and the County and the findings shall be reported to the Solid Waste Advisory Committee. The study shall analyze System expenses, revenues, and operations and provide recommendations for System tip fees and operational efficiencies. The Solid Waste Advisory Committee will review the results of the rate and efficiency study INTERLOCAL AGREEMENT 1111 ll�� ii f Page 3 of 9 � II G1 � 2 4052001 Skagit County Auditor 5/20/2004 Page 3 of 11 3:48PM SKAGIT COUNTY Contract# C20040228 Page 4of11 and forward its recommendations regarding the study to the Municipalities Committee for consideration and recommendation to the County Board of Commissioners. A rate and efficiency study shall subsequently be performed every three (3) years, or more frequently if requested by the Municipalities Committee. 3.7 System Options Study: Three years prior to the expiration of this agreement, Skagit County, the Transfer Station Oversight Sub-Committee and Solid Waste Advisory Committee shall jointly select and hire a consultant to perform a solid waste system options study that will review existing operations and market conditions to select and compare a set of solid waste system options that will be used to guide the Municipalities Committee and the Board of County Commissioners prior to the conclusion of this agreement. 4. Comprehensive Solid Waste Management Plan. For the duration of this Interlocal Agreement, each Municipality shall participate in the Comprehensive Solid Waste Management Plan prepared and periodically reviewed and revised pursuant to Chapter 70.95 RCW. For the duration of this Interlocal Agreement, each Municipality authorizes the County to include in the Comprehensive Solid Waste Management Plan provisions for the management of solid waste generated in each Municipality. 5. Municipality Designation of County System for Solid Waste Disposal. Each Municipality shall designate the County System for disposal of all Solid Waste generated within the corporate limits of that Municipality, and within the scope of the Comprehensive Solid Waste Management Plan, and authorize the County to designate a disposal site or sites for the disposal of such solid waste except for recyclable and other materials removed from solid waste by waste recycling activities in conformity with the Comprehensive Solid Waste Management Plan. This designation of the County System shall continue in full force and effect for a period of ten (10) years after the date of this Interlocal Agreement. The designation of the County in this section shall not reduce or otherwise affect each Municipality's control over solid waste collection as permitted by applicable state law. B. Enforcement. The County shall be primarily responsible for enforcement of laws and regulations requiring persons to dispose of solid waste at sites designated by the County. Each Municipality shall cooperate with the County in its enforcement efforts, and shall provide by ordinance that any person that disposes of solid waste generated within its boundaries at a site other than a site designated by the County will be guilty of a misdemeanor, except where such disposal may be otherwise permitted by state law. To the extent legally possible, the County shall be responsible for bringing enforcement actions against persons violating state statutes, or County ordinances relating to the disposal of solid waste at sites designated by the County. However, in instances in which the County lacks legal INTERLOCAL AGREEMENT Page 4 of 9 ImoJbnu inittipitotoo Skagit County Auditor 512012004 Page 4 of� 11_3:48PM SIT COUNTY Contract# C20040228 Page 5011 authority to bring an enforcement action and a Municipality possesses that authority, the County may request that the Municipality bring such enforcement action. The Municipality shall comply with this request, or in some other way ensure that solid waste generated with the Municipality is disposed of at those sites designated by the County. The County shall pay as System costs all reasonable costs incurred by the Municipality in taking such enforcement or other actions that are requested in writing by the County. 7. I ndemnifcations. 7.1 The County shall indemnify and hold harmless and defend each Municipality against any and all claims by third parties arising out of the County's operations of the System, and have the right to settle those claims by third parties. In providing a defense for a Municipality, the County shall exercise good faith in that defense or settlement so as to protect the Municipality's interests. The County's agreement to indemnify a Municipality for any and all claims arising out of the County's operation of the System extends to all claims caused by the actions of officers or agents of the County including, but not limited to, actions which constitute misfeasance, or intentional misconduct or wrongdoing, even if the cost of such claims is held by a court of competent jurisdiction to not be a proper cost to the System. For the purpose of this paragraph, "claims arising out of the County's operations" shall include claims arising out of the ownership, control or maintenance of the System, but shall not include the claims arising out of collection of solid waste within a Municipality prior to its delivery to a disposal site designated by the County or other activities under the control of a Municipality. 7.2 If the County acts to defend a Municipality against a claim, that Municipality shall cooperate with County. 7.3 For purposes of this section, reference to a Municipality and to the County shall be deemed to include the officers, agents and employees of any party, acting within the scope of their authority. 8. Duration. This Interlocal Agreement shall continue to be in full force and effect for.ten.(10)..years from the date of this .lnterlocal.Agreement, unless terminated as described in the following paragraph. 9. Revision, Amendment, Supplementation or Termination. This Interiocal Agreement shall be reviewed by the parties in conjunction with any review of the Comprehensive Solid Waste Management Plan. The terms of the Interlocal Agreement may be revised, amended, or supplemented, or the Interlocal Agreement as a whole may be terminated only upon the written agreement of both the County and all Municipalities executed with the same formalities as the original. No revision, amendment, supplementation or termination shall be adopted or put into effect if it impairs any contractual obligation of the County. INTERLOCAL AGREEMENT Page 5of9 J J 5 I1 32004020010 Skagit County Auditor 5/20/2004 Page 5 of 11 3:48PM SKAGIT COUNTY Contract# C20040228 Page 6olll 10. Solid Waste Advisory Committee. 10.1 Pursuant to Chapter 70.95.165(3) RCW and Chapter 39.34.030(4) RCW and Skagit County Code 12.18, a Solid Waste Advisory Committee shall continue operating for the purpose of rendering advice to Skagit County and the Municipalities Committee regarding solid and moderate risk waste related issues generally, service"levels, disposal rates, and short and long term planning, and especially the administration and implementation of the Comprehensive Solid • Waste Management Plan. 10.2 Membership of the Solid Waste Advisory Committee shall be as follows: (1) Regular members. The Solid Waste Advisory Committee shall consist of: (a) One member from each Municipality in Skagit County which is a signatory to the Comprehensive Solid Waste Management Plan, to be nominated by the legislative authority for that Municipality and appointed by the County Commissioners. (b) One member from each Municipality in Skagit County which has its own Comprehensive Solid Waste Management Plan, to be nominated by the legislative authority for that Municipality and appointed by the County Commissioners. (c) Three members, each representing the unincorporated area of one of the three County Commissioner districts. The three members shall be recommended by the County Commissioners. The County Commissioners shall recommend candidates representing a spectrum of citizens, public interest groups, and businesses. Candidates shall be residents of Skagit County or firms licensed to do business in Skagit County. (d) Two members shall be selected, one to represent commercial solid waste collection firms; and one to represent commercial recyling firms. These members shall be recommended by the County Commissioners. (e) One ex officio, non-voting representative from the Skagit County Public Works Solid Waste Section. (f) One ex officio, non-voting representative from the State of Washington Department of Ecology. (g) One ex officio, non-voting representative from the Skagit County Health Department. (2) Auxiliary Members. The regular membership of the Solid Waste Advisory Committee may appoint auxiliary members for a specific time period to serve on the committee in a non-voting capacity, for the purpose of providing specific information, technical advice, and information of a general nature which is pertinent to the committee's activities or any other form of assistance which will aid the committee in carrying out its purposes. INTERLOCAL AGREEMENT {I Page 6 of 9 ii I�1 N�11�1t1� I111� � ��J �i 004�52J Skagit County Auditor 5/20/2004 Page 6 of 11 3:48PM SKAGIT COUNTY Contract#, C20040228 Page 7of11 10.3 Meetings, The Solid Waste Advisory Committee shall meet as required to carry out the purposes of the Committee. Meetings may be held at various locations within the County with written notification to the membership and chairman designating the time and place of such meetings. Meetings shall be held not less than quarterly. A quorum shall consist of a simple majority of the members on the Committee. A majority of the total voting membership of the Committee is required to pass a motion. 10.4 Transfer Station Oversight Sub-Committee. Provides operational and customer- based input on Skagit County Transfer Station operations and serves as an advisory resource to the Solid Waste Advisory Committee. (1) Regular Members. The Transfer Station Oversight Sub-Committee shall consist of one staff member each from Mount Vernon, Sedro-Woolley, Burlington, Anacortes, Regional Disposal Company, Waste Management, Inc., Skagit River Steel and Recycling, and Skagit County Public Works. (2) Meetings. The Transfer Station Oversight Sub-Committee shall meet every year, or as needed, to carry out the purposes of the Committee including making recommendations to the Solid Waste Advisory Committee. 11. Municipalities Committee. 11.1 Purpose. To review solid waste operations and Comprehensive Solid Waste Management Plan implementation. Any proposed changes or improvements significantly affecting the operation of the solid waste disposal system or which may directly or indirectly impact tipping fees or siting of disposal facilities shall be submitted to the Municipalities Committee prior to any final decision by the Board of Skagit County Commissioners to provide an opportunity for adequate review, deliberation, and the formulation of comments and recommendations. 11.2 Regular Members. The Municipalities Committee shall consist of one (1) Municipality Council member and the Mayor from each of the eight (8) ... ....... . Municipalities executing this agreement. A Mayor may choose a second Municipality Council member as his/her designee. 11.3 Meetings. The Municipalities Committee shall meet every two years, or as needed to review the status of the solid waste disposal system; any recommendations from the Solid Waste Advisory Committee; tipping fee adjustments; and, any proposed changes or improvements significantly affecting the operation of the solid waste disposal system. 12. Miscellaneous. INTERLOCAL AGREEMENT I I 11 u Page 7 of 9 IIBI�N 40 20010 Skagit County Auditor 5f20/2004 Page 7 of 11 3:48PM • SKAGIT COUNTY Contract# C20040228 Page80111 12.1 No waiver by any party of any term or condition of this Interlocal Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or of a different provision of this Interlocal Agreement 12.2 This Interlocal Agreement is not entered into with the intent that it shall benefit any Municipality not signing this agreement and no other person or entity shall be entitled to be treated as a third party beneficiary of this Interlocal Agreement. 13. If any term or condition of this Interlocal Agreement or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this Interlocal Agreement are declared severable. IN WITNESS WHEREOF, this Interlocal Agreementhas been executed by the parties shown below and is dated as of the J'-r'� day of / , 2004. (1/. A.,!,..c.,-, -ni,,,,/„. ,7,1::, City of Anacortes City oT:urlin+'•n Mayor Dean Maxwell Mayor Roger Tjeerdsma own of Concre Town of Hamilton ayor John Rentschler Mayor Timothy Bates cs_et_e___4A. }._4,c — � e - is Town La Co r Town of Lyman Mayor Wayne Everton Mayor Chris Stormont City of Mo Vernon City of Sedro-Woolley Mayor Bud Norris Mayor Sharon Dillon !N'rERLOCAL AGREEMENT Page 8of9 20 4052001��`�� Ili1p I 11 � 11 I I�� !3 Skagit County Auditor 5120)2004 Page 8 of 11 3:48PM } SKAGIT COUNTY Contract# C20040228 Page 9of11 APPROVED: BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON (.iladgl.fe6e-Z--j Ted W. Anderson, Chairman Don Munks, Commissioner hcistx,A Kenneth A. Dahlstedt, Commissioner Attes /MIA A.4..ki it 4 J• a - I. .brech lark of the Board INUMINR11 INTERLOCAL AGREEMENT 2 0 0 4 0 5 Z 0 Page 9 of 9 Skagit County Auditor 5f20l2004 Page 9 of 11 3:413AM r • r A. Inflation 3,00% 3.00% 3.00% 3.00% '3A0% 3,00% 3.00% 3.00% 3.00% 3.00% 3.00% CPI 2.62% 2.10% 2.50% 2.50% 2.50% 2.50% 2.50% 2.504. 2.50% 2.50% 2.50% Division ludget Category Actual Actual Actual Actual Projection Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2.299% -1.998% 4.856% 3.724% 39 7,107,270 6,965,268 7,303,526 7,575,496 7,662,950 7,766,650 7,913,677 8,063,524 8,216,246 8,566,671 8,728,917 8,894,278 9,062,815 9,234,589 9,409,665 32 138,424 139,122 184,388 178,741 168,772 173,270 175,000 175,000 175,000 175,000 175,000 175,000 175,000 175,000 175,000 97 87,062 416,724 104,157 63,918 40,800 45,500 43,745 44,857 44,289 45,308 49,674 51,681 51,601 48,798 42,471 69 7,332,756 7,521,114 7,592,070 7,818,155 7,872,522 7,985,420 8,132,422 8,283,380 8,435,535 8,786,979 9,953,591 9,120,959 9,289,416 9,458,388 9,627,136 53 550,939 773,702 719,737 686,897 653,316 661,773 663,850 677,455 696,603 723,083 778,400 759,309 785,830 842.980 840,777 03 1,133,903 1,097,481 1,094,464 1,100,300 1,243,203 1,079,563 1,078,540 1,077,060 895,113 779,563 779,625 782,950 784,240 783,435 785,795 47 134,804 93,116 132,027 123,318 169,045 254,890 231,337 237,977 244,816 251,861 259,116 266,590 274,288 282,216 290,383 70 61,075 65,086 67,912 77,215 83,101 90,899 95,302 96,086 98,954 103,907 104,949 108,083 113,310 114,635 118,059 78 4,237,042 4,473,950 4,771,391 4,840,061 5,151,002 6,861,025 5,487,398 5,688,692 5,897,962 6,140,040 6,345,219 6,603,805 6,846,864 7,108,996 7,370,544 06 266,951 301,127 300,852 322,212 370,730 392,142 276,609 285,488 294,664 304,153 313,963 324,106 334,593 • 345,436 356,047 58 7,430 7,981 8,265 5,274 14,558 21,278 21,916 22,574 23,251 23,949 24,667 25,407 26,169 26,954 27,763 77,821 96,112 100,339 117,463 126,957 136,166 143,236 145,428 149,746 156,193 158,774 183,482 170,352 173,358 178,513 - - - 72,159 76,366 78,657 81,017 83,447 85,951 88,529 91,185 93,921 96,738 99,640 15 6,475,964 6,908,555 7,260,988 7,272,740 7,884,071 9,574,102 8,076,844 8,311,775 8,364,556 8,568,698 8,853,243 9,124,927 9,429,566 9,774,748 10.068.121 8,8852% 6.6799% 5.1014% 0.1619% 3.4058% 54 856,792 612,559 331,082 545,415 (11,549) (1,588,682) 55,577 (28,395) 50,979 218,280 100,348 (3,968) (140,150) (316,360) (440,985) 7% 12% 9% 5% 7% 0% -20% 1% 0% 1% 3% 1% 0% -2% -3% -5% • Actual Projection Budget Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast tionS 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 ear 3,762.479 3,750,930 2,162,248 2,217,825 2,189,430 2,240,409 2,458,690 2,559,038 2,555,070 2,414,920 2,098,560 7,872,522 7,985,420 8,132,422 8,283,380 8,435,535 8,786,979 8,953,591 9,120,959 9,289,418 9,458,388 9,627,136 (7,584,071) (9,574,1021 18,076,844) (8,311,775) (8,384,556) (8,568,69D (8,853,243) (9,124,927) (9,429,566) (9,774,748) (10,068,121) i 3,750,930 2,162.248 2,217,825 2,189,430 2,240,409 2,458,690 2.559.038 2,555,070 2,414,920 2,098.560 1.857,575 • Tonnage 1.85% 1.85% 1.85% 1.85% 1.85% 1,85% 1,85% 1.85% 1.85% 1.85% fcar Station Container 1,950 2,050 2,100 2,139 2,178 2,219 2,260 2,302 2,344 2,388 2,432 2,477 1, Cities 34,900 35,800 35,600 36,259 36,929 37,613 38,308 39,017 39,739 40,474 41,223 41,985 Other 52,350 53,400 54,900 55,916 56,950 58,004 59,077 60,170 61,283 62,417 63,571 64,747 89,200 91,050 92,600 94,313 96,058 97,835 99,645 101,488 103,366 105,278 107,226 109,209 11 Haul Fee 44.15 44.68 45.43 46.34 47.27 48,21 49,18 50.16 51.16 52.19 53.23 54.29 Rates 1 Cities 82 82 82 82 82 82 84 84 84 84 84 84 Other 83 83 83 83 83 83 85 85 85 85 85 85 3:48PM SKAGIT couNn Contract# C20040228 Page 10of11 SKAGIT COUNTY Contract# C20040228 Page11of11 RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH CITIES AND TOWNS IN SKAGIT COUNTY FOR SOLID WASTE MANAGEMENT WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage;and WHEREAS, Skagit County is providing the most effective and efficient system for managing solid waste generated in Skagit County, and working together with its Municipalities; and WHEREAS,this agreement shall extend for a period of ten years; and WHEREAS, each of the eight Municipalities has entered into this agreement as shown by each Mayor's signature. NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, that an Interlocal Agreement between Skagit County and Cities and Towns in Skagit County be established to replace the previous Interlocal Cooperation Agreement for a Comprehensive Solid Waste Disposal System, that the parties entered into in 1986. PASSED this j day of , 2004. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Fes. : ed W. Anderson, Chairman SEAL 81 1 .... .... ' Don Munks, Commissioner Kenneth A. Dahlstedt, Commissioner Att-s • Apal ealy- 405200103 JoAn - 'L'esbrec Clerk Skagit County Auditor Board of C Aunty Commissioners 5/20/2004 Page 11 of 11 3:48PM . .N