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HomeMy WebLinkAbout2001-12-14 - Countywide Solid Waste - Interlocal Agreements GeneralBOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, WASHINGTON Resolution: C.E. D 1 _ //7 ADOPTION OF THE DOUGLAS COUNTY Resolution of Adoption SOLID WASTE PROGRAM COUNTYWIDE of an Interlocal Agreement SOLID WASTE INTERLOCAL AGREEMENT WHEREAS, the Douglas County Solid Waste Advisory Committee (SWAC) has reviewed and discussed the Douglas County Solid Waste Program Countywide Solid Waste Interlocal Agreement and recommend its approval, and WHEREAS, the Board of County Commissioners of Douglas County recognizes the need for a lead agency to administer, plan and implement the Douglas County Comprehensive Solid Waste Management Plan, and WHEREAS, Douglas County has established the Douglas County Solid Waste Program Office to administer, plan and implement the Douglas County Comprehensive Solid Waste Management Plan, and WHEREAS, Douglas County has through the Countywide Solid Waste Program Implementation Budget Fund 9144 established the means to implement the recommendations, six year implementation schedule and six year implementation budget contained within the Douglas County Comprehensive Solid Waste Management Plan, and WHEREAS, Douglas County agrees to file the Douglas County Solid Waste Program Countywide Solid Waste Interlocal Agreement with the Douglas County Auditor pursuant to RCW 39.34.040, and WHEREAS, all the participating jurisdictions of Douglas County have reviewed, approved and signed the Douglas County Solid Waste Program Countywide Solid Waste Interlocal Agreement, now THEREFORE BE IT RESOLVED, that the Douglas County Board of Commissioners hereby accepts the recommendation of the SWAC and adopt the Douglas County Solid Waste Program Countywide Solid Waste Interlocal Agreement as submitted and attached. Dated this 17` h Day of December, 2001 in regular session at the Douglas County Courthouse, Waterville, Washington. ATTEST: Marily North ru Clerk of the Board BOARD OF COUNTY COMMISSIONERS DOUGL OUNTY, WASHINGTON. Dane Keane, C air Ken Stanton, Vice -Chair Mary Hunt, Me er DOUGLAS COUNTY SOLID WASTE PROGRAM Countywide Solid Waste Interlocal Agreement This Agreement is made and entered into effective the first day of January 2002, by and between Douglas County hereafter referred to as the Lead Agency and the cities and towns of Bridgeport, East Wenatchee, Rock Island, Mansfield and Waterville, all political subdivisions of the State of Washington, and hereafter referred to as Participating Jurisdictions. The Participating Jurisdictions and Lead Agency may be referred to herein collectively as the Parties. WHEREAS, the parties hereto recognize the requirement to prepare and implement solid and hazardous risk waste plans under Chapter 70.95 RCW and Chapter 70.105 RCW, and WHEREAS, the parties hereto have conducted a public review process to develop and review the Douglas County Comprehensive Solid Waste Management Plan and WHEREAS, the parties hereto recognize that the adopted Douglas County Comprehensive Solid Waste Management Plan fulfills their jurisdictional requirements under Chapter 70.95 RCW and Chapter 70.105 RCW, and WHEREAS, the parties hereto wish to enter into a cooperative effort to administer, plan and implement the recommendations, six year implementation schedule and six year implementation budget contained within the adopted Douglas County Comprehensive Solid Waste Management Plan, and WHEREAS, the parties hereto recognize that a funding source must be established to support the administration, planning and implementation of the adopted Douglas County Comprehensive Solid Waste Management Plan, and WHEREAS, the undersigned signatories of this Agreement are duly authorized to enter into the same by properly adopted resolutions, now THEREFORE, in consideration of the premises and the mutual agreements and covenants herein contained, the parties agree as follows: AUTHORITIES: The parties to this Agreement have and possess, both jointly and severally, the primary responsibility for effective solid and hazardous risk waste management administration, planning and implementation under Chapters 70.95 and 70.105 RCW. Under Chapter 39.34 RCW, the Interlocal Cooperation Act, local governments are authorized to cooperate to provide themselves with services of the nature herein agreed to. PURPOSE: This Agreement is entered into pursuant to Chapter 39.34 RCW for the purpose of cooperative management of solid waste within Douglas County. It is the intent of the parties to work cooperatively in developing a comprehensive solid waste management plan pursuant to Chapters 70.95 and 70.105 RCW that is viable and economically responsible to their citizens. Specifically this Agreement will provide for the administration, planning and implementation of the adopted Douglas County Comprehensive Solid Waste Management Plan and implement the recommendations, the six year implementation schedule and the six year implementation budget contained therein. DEFINITIONS: For the purpose of this Agreement the following definitions shall apply: Administration and Implementation' means the work performed by the Solid Waste Program Office. Administration and Implementation Fee' means the annual assessment owed by each of the Parties for implementing the Plan recommendations, six year implementation schedule and six year implementation budget. Fair Share' means the amount owed by each of the Parties based upon current population figures supplied by the Office of Financial Management and the corresponding population percentage applied to the Solid Waste Program Budget. Lead Agency' means Douglas County, a political subdivision of the State of Washington. Participating Jurisdictions' means any city or town who has entered into the Countywide Solid Waste Interlocal Agreement with the Lead Agency and who has agreed to mutually support and financially contribute to the administration, planning and implementation of the Plan recommendations, six year implementation schedule and six year implementation budget. Parties' means the collective term for the all the Participating Jurisdictions and the Lead Agency. Plan' means the Douglas County Comprehensive Solid Waste Management Plan, as the same exists now or may hereafter be amended. Regional Planning Area' means the geographical planning areas encompassing all of the Parties. Routine Operating Agreement' means an agreement that is established for the purpose of accomplishing a task set forth in the Plan and is funded within the Solid Waste Program Budget. Solid Waste Advisory Committee Members Manual' means the Manual, as the same exists now or may hereafter be amended pursuant to the procedures set forth in the Manual. Solid Waste Program Budget' means the annual Countywide Solid Waste Implementation Budget Fund 9144 as prepared by the Solid Waste Program Office, reviewed by the SWAC and approved by the Parties as outlined within the Solid Waste Advisory Committee Members Manual. Solid Waste Program Office' means the Douglas County Solid Waste Program Office established by the Lead Agency to administer, plan and implement the Plan and Solid Waste Program Budget. SWAC' means the Douglas County Solid Waste Advisory Committee formed per RCW 70.95.165 and as approved by resolutions by the Parties. TAC' means the Technical Advisory Committee(s) established within the SWAC to review and research solid and/or hazardous waste issues referred to the SWAC. Each TAC is to look at each issue solely on its technical merit and feasibility, and gather all support information necessary to make a recommendation to the SWAC. All TAC's are an integral part of the SWAC and constitute an extension of its membership. MR LEAD AGENCY: The Lead Agency in cooperation with its Participating Jurisdictions and the SWAC agrees, through its Solid Waste Program Office, to prepare a Plan and to implement the recommendations, the six year implementation schedule and the six year implementation budget as contained within the Plan. PARTICIPATING JURISDICTIONS: Pursuant to RCW 70.95.080 and RCW 70.105.220, the Participating Jurisdictions authorize the Lead Agency, through its Solid Waste Program Office, to prepare a Plan and to implement the recommendations, the six year implementation schedule and the six year implementation budget as contained within the Plan. DOUGLAS COUNTY SOLID WASTE ADVISORY COMMITTEE: The Parties hereto recognize and support the SWAC as an advisory board created under authority of RCW - 70.95.165.. The SWAC is an ongoing advisory committee. The SWAC is the focal point of the public involvement effort used in the planning, development and implementation of the Plan. The SWAC also provides advice to the Parties on solid and hazardous waste issues and assists the Parties in developing solid waste ordinances, rules, guidelines and policies prior to their adoption. DOUGLAS COUNTY SOLID WASTE ADVISORY COMMITTEE MEMBERS MANUAL: The Parties hereto recognize, support and agree to abide by the procedures outlined within the Solid Waste Advisory Committee Members Manual. Any proposed change to the Solid Waste Advisory Committee Members Manual must be referred to the Executive TAC and discussed with its members. All changes to the Solid Waste Advisory Committee Members Manual must be approved by a supermajority (60%) vote of the Executive TAC membership prior to its submittal to the SWAC. SOLID WASTE PROGRAM OFFICE: The Parties recognize the Solid Waste Program Office as the designated.department to provide Regional Planning Area management responsibilities for the administration, planning and implementation of the Plan recommendations, six year implementation schedule and the six year implementation budget. ADMISSION OF NEW MEMBERS: The Parties recognize that other jurisdictions other than the original parties hereto may wish to hereafter join in this Agreement. Additional jurisdictions may be added, upon such terms and conditions as the Parties shall unanimously agree upon. The terms of and conditions upon the admission of such additional jurisdictions shall be evidenced by a written addendum to this Agreement approved and signed by the then Parties to this Agreement and the additional party. REGIONAL PLANNING AREA: _ The Parties hereto recognize the geographical planning area covered by this Agreement to be the incorporated areas of the Participating Jurisdictions and the unincorporated area of Douglas County. All Parties agree to cooperatively implement the recommendations, six year implementation schedule and six year implementation budget contained within the Plan for the mutual benefit of the Regional Planning Area. 3- SOLID WASTE PROGRAM BUDGET: The Parties agree to mutually financially support the administration, planning and implementation of the Plan recommendations, six year implementation schedule and six year implementation budget. The Solid Waste Program Office shall prepare a Solid Waste Program Budget in August of each year for the upcoming budget year. This Solid Waste Program Budget is to be reviewed by each of the Parties prior to an Executive TAC meeting where it will be discussed, modified (if necessary) and approved by its members by a supermajority (60%) vote. Only after the Executive TAC has reach a supermajority (60%) consensus will the Solid Waste Program Budget be submitted to the SWAC in November of each budget year for discussion and recommendation to the Parties. ANNUAL FINANCING: The Parties agree to pay an annual Administration and Implementation Fee to support the administration, planning and implementation of the Plan recommendations, six year implementation schedule and six year implementation budget. This fee shall represent the Parties Fair Share portion based on population figures supplied annually by the Office of Financial Management and on the expenditures and revenues identified within the Solid Waste Program Budget as recommended by the SWAC, approved by the Participating Jurisdictions and adopted by the Lead Agency. The Parties agree to remit their Administration. and Implementation Fees to the Solid Waste Program Office either as a one lump sum payment due on or before the fifteen day of April of each corresponding year, or as quarterly payments, due by the 15th day of each of the following months: April, July, September and November. ROUTINE OPERATING AGREEMENTS: The Parties agree that Routine Operating Agreement(s) may be required from time to time to accomplish the purpose of this Agreement and the implementation of the recommendations contained within the Plan. Any such operating agreement or understanding executed to implement this Agreement or the Plan which is signed by the Lead Agency shall be presumed to be binding on the Parties if the Routine Operating Agreement(s) is within the Solid Waste Program Budget, unless contrary to law. CONTRACTUAL COMMITMENT: Each Party agrees to pay its Fair Share portion of any contractual commitment authorized by the SWAC during the time the Party is a Party to this Agreement. This requirement for each Party to pay its Fair Share requires a withdrawn Party to continue to pay its Fair Share of any contractual commitment until the contractual commitment approved while it was a Party terminates. DISBURSEMENT OF ASSETS AND DEBTS: If this Agreement is terminated, all Parties to this Agreement shall determine the disbursement of any outstanding debts and the allocation of any assets. If the Parties cannot agree to the disbursement of any outstanding debts and the allocation of any assets, the issues are to be submitted for arbitration, pursuant to state law, RCW 7.04 et sea. The Lead Agency and the contesting jurisdiction agree that such arbitration shall be conducted before one (1) disinterested arbitrator, if one can be mutually agreed upon; otherwise arbitration shall be conducted before three (3) disinterested arbitrators, one named by the contesting jurisdiction, one named by the Lead Agency, and one (1) chosen by the remaining Participating Jurisdictions. The arbitrator or arbitrators shall determine the outcome of the deadlock in accordance with the laws of the State of Washington as applied to the facts found and determined by the arbitrator or arbitrators. The arbitrator or arbitrators may grant injunctions or other relief in such deadlocked claims. The decision of the arbitrator or arbitrators shall be final, conclusive and binding upon the Lead Agency and/or the contesting jurisdiction and a judgement maybe obtained thereon in any court having jurisdiction. The Lead Agency and the contesting jurisdiction shall each pay one-half of the costs and expenses of sucharbitration and each Party shall separately pay for it's own legal fees and expenses. 4- DURATION: This Agreement shall commence on the date set forth above and will continue in effect for the six year period identified within the Plan's six -year implementation budget. As stipulated within RCW 70.95.110(1) each comprehensive solid waste management plan shall be maintained in a current condition and reviewed and revised periodically as may be required by the Department of Ecology. Upon each review such plans shall be extended to show long-range needs for solid waste handling facilities for twenty years in the future, and a revised implementation schedule and implementation budget for six years in the future. REVIEW AND RENEGOTIATION: Any Party may request a review and/or renegotiations on any provision of,this Agreement during the six-month period immediately preceding the fifth anniversary for the effective date of the Plan. Such request must be made in writing to- the Solid Waste Program Office and must specify the provision(s) of the Agreement for which - review/renegotiations are requested. Review and/or renegotiations pursuant to such a written request shall be immediately referred to the SWAC for their review and recommendation. Notwithstanding any other provisions in this paragraph to the contrary, the Parties may, pursuant to'the procedure outlined within the Solid Waste Advisory Committee Members Manual, modify or amend any provision(s) of this Agreement at any time during the term of this Agreement. TERMINATION: This Agreement may be terminated by any Party, by written notice to the Solid Waste Program Office no less than three hundred sixty five days immediately preceding the implementation date of the next Solid Waste Program Budget. The Parties agree: (1) that termination will not absolve a terminating Party of any financial responsibility to the extent a financial responsibility continues to exist pursuant to the Contractual Commitment provision of this Agreement and (2) that prior to termination, a withdrawing city or town shall submit to the SWAC how it intends on meeting its planning obligation under RCW 70.95.080. WAIVER: No waiver by the any of the Parties of any term or condition of this 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 a different provision of this Agreement. ENTIRE AGREEMENT: This Agreement, including all subsequent attachments and addendums , constitutes the entire Agreement between the Parties and shall be governed by the laws of the State of Washington. There are no other oral or written agreements or understanding between the Parties as to the subject matter contained herein. The venue for any action of law, suit in equity or judicial proceeding for the enforcement of this Agreement shall be instituted and maintained only in the courts of competent jurisdiction in Douglas County, Washington. SEVERA$ILITY: Any provision of this Agreement that is determined to be illegal, invalid or unenforceable for any reason shall be ineffective to the extent of such prohibition without invalidating the remainder of this Agreement. 5- IN WITNESS WHEREOF, the parties to this Agreement, through their duly authorized representatives, have caused this Agreement to be executed and become effective the first day of January 2002. PARTICIPATING JURISDICTIONS: CITY OF BRIDGEPORT Steve Jenkins, Ma Date: I CITY 4WENAEteveLacy, Date: / 4(G 4C OF ROCK ISLAND venhus, Mayor Date: TOWN OF MANSFIELD z Tom Snell, Mayor Date: Zf 4 ),. c• C> % TOWN OF WATE RVILLE f..' LEAD AGENCY: DOUGLA,:5'40UNTY BOARD. Dane Keane, Chair Ken Stanton, Vice -Chair Mary Hunt, Mem rS SSIOCp* * EAL Z Date: /a — '— v ATTEST: Marilyn Northrup, Clerk of the Board