Resolution No. 01-08 CITY OF TIGARD,OREGON
RESOLUTION NO.01-D8
A RESOLUTION TO APPROVE AN INTERGOVERNMENTAL AGREEMENT WITH
WASHINGTON COUNTY TO ADMINISTER THE REGISTRATION, COLLECTION AND
ENFORCEMENT PROGRAM UNDER THE CITY OF TIGARD'S RESIDUAL SOLID WASTE
ORDINANCE
WHEREAS, the above entitled matter came before the Council at the meeting of February 27,2001;and
WHEREAS,the Council adopted Ordinance No.00-34(Residual Solid Waste Ordinance)on December 12,
2000 to establish a registration process for those motor carriers transporting exempt solid waste loads as
defined in the Ordinance;
WHEREAS,the City recognizes the need to keep the registration program streamlined and cost-effective;
WHEREAS,the Washington County Board of Commissioners have agreed to administer a regi*'
program for all member cities of the Cooperative Recycling Program of which the City of Tigaiu
member;and
WHEREAS, the Council directed staff to negotiate an Intergovernmental Agreement with Washington
County to administer the registration program.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: It is cost-effective for Washingion County to administer the registration program for all
member cities.
SECTION 2: The City of Tigard approves the Intergovernmental Agreement with Washington County for
administration of the registration process in Ordinance
PASSED: This day o"V001.
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AlTl EST:
City Recorder - City of Ti rd.
RESOLUTION NO.01- OB
Page 1
INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into,by and between Washington Coun,y,a po'itical 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:
1) The effective date is;February 19.2001,or upon final signature,whichever is later.
The expiration date is:August 31.2002;unless otherwise amended.
2) The parties agree to the terms and conditions set forth 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 ofrace,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 cmployees is entitled to participate in a pension plan,insurance,bonus,or similar
benefits provided by any other party.
7) This Agreement may be temtinatcd, ith or without cause and at any time,by a party by providing
30 (30 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
3C.260 to 30.300 __u:he viog.�rt Cuns6iuiion,each party agrees to hold harmless,defend,and
indemnify each other,including its officers,agents,and employees,against all claims,demands,
i actions and suits(including all attorney fees and costs)arising from the indemnitor's performance
a 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 Fled or any claim
made against that party that may result in litigation in any way related totnis Agreement.
PAGE 1 OF 2 - INTERGOVERNMENTAL AGREEMENTcMco iancr ertHn uwsrexmnFcvwxaourmwi,.sw
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11) Each party agrees to maintain insurance levels or self-insurance in accordance with URS 30.282,
for the duration of this Agreement at levcLs 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,lavas and
regulations that are applicable to the services provided under this Agreement.
13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Artiel,
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 ,,//
Fgnature Data —7
JaM6s &FLLr-fZrN %T1aAA'Qr
Printed Name Title
Address: �,J I o�5 -,l t2 1 Ar U 151 V L.11 q6'r 47QQ 3
WASHINGTON COUNTY:
Signature Date
Printed Name Title
Addres::
155 N.First Avenue
Mail Stop If 4
Hillsboro,OR 97124
PAGE 2 OF 2 - 1NTERGOVERNMENTAL AGREEMENTa.nm��.mrmwaww---
ATTACHMENT A
Statement of Work/Schedule/Payment Terms
Scope of Work
County Responsibilities:
Centralized Registration, Accounting/Billing, and Enforcement
A. Centralized Registration
1. Develop and print all documents pertaining to the initial registration application. A
draft application 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. 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 information 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
purTicipuiiny ioi ii E i egsz rat; .P..-c-;r m. (QA's f^^fon Chnnge6)
C. Enforcement
1. Provide a code enforcement officer(s)to ensure compliance with County/City
Registration and other related solid waste franchise ordinances.
2. Track hours 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 enforcemem:t activi'.es.
PAGE I -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 bcsis,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 c:nd 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 hos 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
y 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.
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PAGE 2-ATTACHMENT A
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