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Home My WebLink AboutIL274 Interlocal Agreement INTERLOCAL COOPERATION AGREEMENT FOR _ A COMPREHENSIVE SOLID WASTE DISPOSAL SISTER THIS AGREEMENT, runde effective the 9th day of July 19 86 , by and between Skagit County, hereinafter called "COUNTY" and the Cities and Towns listed, hereinafter called "MUNICIPALITIES" ; WHEREAS, under Chapter 39.34 R.C.W., the legislature has authorized local Igovernmental units to enter into agreements for joint or cooperative action in the delivery of area-wide services ; and, WHEREAS, the- MUNICIPALITIES within the boundaries of . the COUNTY have cooperated in the preparation of a countywide Solid Waste Management Plan required by the Solid Waste Management Act of 1969, and amended by the Solid Waste Management Recycling and Recovery Act of 1976; and, WHEREAS, it is to the, mutual advantage of the undersigned to participate in • the implementation of the Solid Waste Management. Plan prepared pursuant to R.C.W. 70.95.080, by participating in a countywide solid waste disposal system, in the interest of economy, proper solid waste management, and the . prevention of unlawful dumping and littering; and WHEREAS, it is the desire of the COUNTY and NUNICIP_ALITIES- to maintain- an -idninistrative body responsible for joint participation of solid waste anagement NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the COUNTY and the MUNICIPALITIES as follows: 1 . Each of the MUNICIPALITIES will retain all its existing rights over the manner in which garbage and refuse collection shall be done and, in particular, retain the right to decide whether such collection shall be by a franchised private collector or by the parties' own crews. . Each of the MUNICIPALITIES may, by ordinance, maintain a garbage and refuse collection system within its jurisdiction; however, at a minimum, each MUNICIPALITY shall adopt an ordinance directing all solid waste • collected within its jurisdiction to be disposed in the solid waste disposal facility designated by the County. • 2. It is agreed that, subject to referral of site selection decisions to the local Solid Waste Advisory Corrunittee (ADVISORY COMMITTEE) for comment as set forth in R.C.W. 70.95. 165, all solid waste collected by the MUNICIPALITIES or their agents will be transported , for disposal in the disposal site designated by the COUNTY. It is further agreed that citizens or their agents shall have the right to bring their solid waste only to any transfer or disposal site during posted hours of operation and in a mariner as directed by the personnel in charge of the site. 3. Provided , however , that nothing in this agreement shall prohibit or restrict any party from encouraging, promoting, or participating in a solid waste recycling program within their respective iiiri Z . It. is agreed that he COUNTY will be in charge if the rural corapacto -- box sites and the disposal sites. The COUNTY will furnish all personnel , including salaries/benefits and equipment required to operate the disposal system. The COUNTY shall have full and sole responsibility for the operation and management of the disposal site.7 and shall hold the MUNICIPALITIES harmless from all claims, losses, demand, actions, causes of actions, fines or penalties resulting from said operations, including but not limited to claims or losses. resulting from pollution; provided, however, that this provision shall not be construed to• relieve MUNICIPALITIES of any responsibilities otherwise imposed by State or Federal statute or regulation. 5. It is agreed that the COUNTY with the- cooperation of the MUNICIPALITIES shall continue to . pursue the development of a solid waste incineration/resource recovery facility as a primary means of solid waste disposal. • 6. It - is agreed that, subject to referral of a recommendation by the Skagit County Public Works Director to the ADVISORY COMMITTEE for cOmment, the tipping fees shall be established by the Board of County Commissioners only after a duly adVertised public hearing. Said tipping fees shall recover all costs of operation and ownership of facilities including but not necessarily limited to capital recovery (bond redemption) , maintenance, administration, existing and future site development, and final closure.. 7. It is agreed that the COUNTY will maintain a reserve fund to accumulate at not less than $150, 000/year from disposal fees for final landfill: closure and future development of disposal facilities. Interest accumulating on such funds shall be retained as a part of the fund. 8. It is agreed that the Skagit County Public Works Director shall have responsibility for overall management of the solid waste system outside the corporate boundaries of the MUNICIPALITIES. 9. Subject to the language in Paragraph 4, it is understood and• agreed between the parties hereto that COUNTY shall hold the MUNICIPALITIES harmless from all Olaiml, losses, demands, actions, or causes of action of any nature whatsoever by reason of the performance of any act which • is the primary negligence of the COUNTY under this agreement. It is further agreed that the MUNICIPALITIES shall likewise hold the COUNTY - harmless from all clatrnn, losses, demands, actions, or causes of action of any nature whatsoever by reason of the performance . of any act which is the primary negligence Of the MUNICIPALITIF.S under this agreement. In other words, each party shall be responsible for its own negligent actions. 10. It is agreed that a committee shall be formed consisting of the eight (8) Mayors of the MUNICIPALITIES executing this agreement or their designees, to be known as the MUNICIPALITIES COMMITTEE. 11 . It is agreed that the Board of Commissioners, the Public Works Director, and the MUNICIPALITIES COMMITTEE shall meet quarterly for the purpose of reviewing solid waste operations and Solid Waste Management Plan implementation. It is further at :ed that any proposed eh ;es or impt-oieme4ts significantly affecting the operation of the solid waste disposal system or directly or indirectly having a significant impact on tipping fees or siting of disposal facilities shall be submitted to the MUNICIPALITIES COMMITTEE prior to any final decision to provide an opportunity for adequate review, deliberation, and the formulation of comments and recommendations. 13. It is agreed that the term of this agreement shall be twenty (20) years from the date of this agreement. This agreement may be rescinded and all obligations herein terminated only by written consent of parties hereto. This agreement hereby replaces and supersedes all previous agreements betWeen the named parties on previous solid waste agreements. IN WITNESS THEREOF, the parties , through their duly authorized representatives, have executed this agreement on the date specified, following each signature: BOARD OF COMITY COMISSIONERS SIAGTT COEfliTT, WAS • D 1 • YE ROHRERg ---'-\--Chairinan 6/ • • . V -w • W. W. VAUX, C. issioner - - —. . .• • , - OTTO M. WALBERG, JR., Co sioner DATE: 4-22-86 ArrEsr: 1"-}leaan 11 11 Lit., ( MEGAN sjialET., Clerk of (J the Board • AI" OVED AS TO FORM: ‘.6 go - A lit kagit o. Prosecuting ' ney CORTE2iT: W. EUGE.ly 3AIIPLET7-151.E. , Director Skagit Co . Public Works Dept . . • - ` I • 1 J CITY OF ANACORTES AilEST: -. , __ ___ - Cy;RICE, Mayor City Clerk APPROVED AS TO FORM: City Attorney . CIII OF BURLINGTON ATTEST: - • g , , "--_-/-:%<-"r -___,,, ,.._-" R Y HENERY, Mayor City Clerif/ APPROVED AS TO FORM: City Attorney . CITY' OF CONCRETE CI A - - L.9....._ \,-4 NORM STRAND, Mayor, ',. City ylerk6 ' (,J APPROVE]) AS TO FORM: City Attorney . _ CITT OF HAHILTOM ATTEST: ___,........„— e, a 64 1 ha-jet-A ir 4 ,IL- ---- ci-FT.I. ....7.1 Mayor (2 ..-- — City Clerk 0-/cf- 7?) APPROYLL1 AS TO FORM: City Attorney CITT OF LA CONNER ATTEST:) .....A --'/7-1 "--7.1-1-1 yor Ci ty Cl e rk / 71 APPROVED AS iU FORM: OF L Ar` 1r 1,-76-, 2 P � � 1 :1,- • HUBERT WOOD; Mayor City Clerk APPROVED AS TO FORM: 1 City Y Attorne . • C717 MOUNT VERNON_ A - 11 • RAY REP, Mayor City °Clerk IAPPRO AS TO FORM: f 1 City Attorney ` CITY OF RO-ROOLLEY ATTEST— Z., •••=---// _ DON WA11 FY, Mayor City Clerk / f AP 7U AS TO FORM: City Attorney • • • • C:c•vcrrii vnav art 1 i ivo