Washington County - Solid Waste Registration INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into,by and between Washington County,a political,subdivision of the State of
Oregon,and City of Tigard.
WHEREAS ORS 190.010 authorizes the.parties to enter into this Agreement for the performance of any or
all functions and activities that a party to the Agreement has authority to perform.
Now,therefore,the parties agree as follows: Ep C,QT.
1) The effective date is: February 19,2001,or upon final signature,whichever is latera
• APR 1
The expiration date is: August 31,2002;unless otherwise amended. W11d'S"Ll0n
2) The parties agree to the terms and'conditions set forthr in Attachment A,which is incorporated
herein,.and'describes the responsibilities of the parties, including compensation,if any.
3) Each party shall comply with all applicable federal,state and local laws;and rules and regulations on
.non-discrimination in employment because of race,color,ancestry,national origin;religion, sex,
marital status,age,medical condition or handicap.
4) To the extent applicable,the provisions of ORS 279:312,279.313,279.314,;279.316,279.320 and
279.334 are incorporated by this reference.as though fully set forth.
5) Each party.is an independent contractor with regard to each other party(s)and agrees that the
performing party has no control over the work and the manner in which it is performed'. No party is
an agent or employee of any other.
6) No party or its employees is entitled to participate in a pension plan,insurance,bonus,or similar
benefits provided by any other party.
7) This Agreement may be terminated,.with or without cause and at any time;by a party by providing
30 (3.0 if not otherwise marked)days written notice of intent to the other party(s).
8) Modifications to this Agreement are valid only if made in writing and signed by all parties.
9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS
30.260 to 30.300, and the Oregon-Constitution, each party agrees to hold harmless, defend,and
indemnify each other, including its officers,agents, and employees, against all claims, demands,
actions and suits (including all attorney fees and costs)arising from the indemnitor's performance
of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that
party..
10) Each party shall give the other immediate written notice,of any action or suit filed.or any claim
made against that party that may result in litigation in any way related to this Agreement.
PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENT cwoNTP.AcrFRMIMASTERCOME",
OME ,ORIZONsvcn-11.9.98
11) Each party agrees to maintain insurance levels or self-insurance in accordance with ORS 30.282,
for the duration of this Agreement at levels necessary to protect against public body liability as
specified in ORS 30.270.
12) Each party agrees to comply with all local; state and federal ordinances,statutes, law_s and
regulations that areapplicable to the services provided.under thisAgreement.
13) This Agreement is expressly subject.to the debtlimitationofOregowCounties set,forth in Article
XI,Section 10 of the Oregon"Constitution,and is contingent upon funds being appropriated
therefor.
14) This writing is intended both as the final"expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement.
WHEREAS,all the aforementioned is hereby agreed upon by the parties and executed by the duly
authorized signatures below.
Jurisdiction
xIT.AV a& 7
gnature Date
J A mE5 6. CQRS'r-rzrN lau�r"
Printed Name Title
Address: 13);15 SW tr&a 81v a,mar td IN- Elan
WASHI COUNTY:
SignatYj Date
Dave Maedens Sr.Deputy County Admin.
Printed Name Title
Address:
155 N. First Avenue
Mail Stop#4
Hillsboro, OR 97124
PAGE 2 OF 2 - INTERGOVERNMENTAL AGREEMENT GmnCDNTRACfFw.rMAST*eecorieSNORIZONSIMA.0-9-99
ATTACHMENT A
Statement of Work/Schedule/Pg=ent Terms
Scope of Work
County Responsibilities:
Centralized Registration, Accounting/Billing, and Enforcement
A. Centralized Registration -
1. Develop and print alf documents;per.taining to the initial.registration application. A
draftapplication packet is,enclosed with this document. The County will verify
application information,as necessary,and issue.a Registration to those Haulers
completing the application-process.
2. Develop and maintain a Registration database.
3. Provide technical assistance and information to applicants.
4. Produce-and provide public information on the.program,as necessary.-
5.
ecessary:5. Track staff hours to develop,materials,set up'and implement administrative
program.
6. Develop and implement procedures for an annual registration renewal.
B. Accounting and Billing
1. Develop accounting system to track total tonnage delivered to a manufacturer,
recycling facility,and.material recovery facility.
2. Develop and print forms for each Registrant to report total mixed solid waste load.
-tonnages,and total source separated recyclable tonnages transported to a facility
for recycling or recovery.
3. Work with Metro to determine facility recovery rate inf ormationi for calculation of
residual solid waste tonnage fee for each Registrant.
4. On a quarterly basis, collect,and verify,tonnage information,calculate fees,send
invoices to each Registrant,and.collect.fees.
5. Track staff hours to develop and administer the accounting/billing segment of
program.
6. Refine methodology, based on experience, to assess and assign costs to each
participating jurisdiction for the registration program. (Basis for fee changes.)
C. Enforcement
1. Provide a code enforcement officers) to ensure compliance with"County/City
Registration and other related solid waste franchise ordinances.
2. Trackhours of code enforcement services per jurisdiction for future cost allocation
purposes.
3. Assign County staff to manage and administer the enforcement process. Staff will
provide such services,which include, but are not,limited to the following tasks: a)
providing education on solid waste issues to a hearings officer; b)scheduling services
of a hearings officer; c) coordinating with legal counsel; and d) providing follow-up
reports to each jurisdiction on enforcement activities.
PAGE 1 -ATTACHMENT A „
ATTACHMENT A
Statement of Work/Schedule/Payment Terms
4. Contract for the services of a hearings officer.
5. Contract or otherwise assure services.of legal counsel.
D: General
1. County staff will.be available for public presentations on the Registration ordinance
provisions.
2. On a quarterly basis, provide the opportunity to meet with member Cities to discuss
issues regarding the administration of the Registration program.
3. Coordinate with the Cities, to review and revise,as necessary, the Interim
Registration ordinance.
4. Provide a year-end report to the cities, which discusses the issues encountered in
administering the program, and provide recommendations for program changes.
E. City Responsibilities
1. Provide information necessary to verify applicant information, including business
license requirements or issuance.
Schedule:
1. Daily administration of Interim Registration program as outlined in scope of
work above.
Payment Schedule:
A solid waste fee shall be imposed by the city / county, on the residual solid,waste
tonnage that is transported to a landfill or transfer station, after material
processing has occurred. The fee shall cover the cost of service to implement,
administer, and enforce the Registration Program. A fee of $2.80 per residual
ton, is to be paid directly by the registered hauler to the County. Payment will be
made on a quarterly basis. For the duration of this agreement, the participating
cities do not make payment to the County for program administration and
enforcement services.
PAGE 2 - ATTACHMENT A �•md,,,
We ,IIzV JUN U 6 2002
WASHINGTON COUNTY
Oregon
June 4, 2002
Mr. Tom Imdieke
City of Tigard
13125 SW Hall Boulevard
Tigard OR 97223
Dear Tom,
As a result of the Ninth Circuit Court of Appeals on March 12, 2002, with regard to A" v
Washington County, the Department of Health and,Human Services, Solid Waste and Recycling
section intends to request that the Board of Commissioners repeal Ordinance 566 and the
administrative rules and fees. This ordinance established a program to.register haulers of
mixed loads transported to a recycling facility, material recovery facility, or manufacturer and,
established a residual tonnage fee.
The City of Tigard and Washington County,entered into an intergovernmental agreement,
whereby the County administered the Registration program and collected a fee for regultory
services provided within the City's boundary. That agreement stated that a 30 day notice to
terminate the arrangement was to be given by either party.
The City of Tigard is hereby notified of the County's intent to repeal Ordinance 566 and
related administrative rules and fees. Further, the County notifies the City that the
intergovernmental agreement to administer the Registration program and collect a fee, will be
terminated effective July 5, 2002..
Sincerely,
Robert Davis
County Administrative Office
Department of Health&Human Services-Solid Waste&Recycling
155 N. First Ave., MS#4, Hillsboro, OR 97124
(503)846-8809 1
(503) 846-4928 Fax