Washington County - Wasteshed Technical Committee Creation ^ f
INTERGOVERNMENTAL AGREEMENT
WASHINGTON COUNTY WASTESHED TECHNICAL COMMITTEE
THIS AGREEMENT, entered into consistent with ORS Chapter 190 and ORS
459.065(1)(b), is between Washington County, hereinafter referred to as "County,"
whose address is155 N First, Hillsboro, OR 97124, and the individual signatory city of
Tigard hereinafter referred to as "City." Identical agreements will also be entered
into between the County and other Washington County cities. Any reference hereinafter
to "Participating Local Governments" includes both County and all individual signatory
cities to an agreement identical to this Agreement including City. The Participating
Local Governments are Washington County and the Cities of Cornelius, Durham, Forest
Grove, Hillsboro, King City, Sherwood, Tigard and Tualatin.
WHEREAS, Participating Local Governments have responsibilities related to the
management of solid waste under the provisions of ORS Chapter 268, ORS Chapter
459 and related administrative rules; and
WHEREAS, the Participating Local Governments agree that performing these
responsibilities in a collaborative and cooperative manner promotes the cost-effective
and efficient use of public resources; and
WHEREAS, the Participating Local Governments including County and City
desire to enter into an agreement to establish procedures for mutually performing these
responsibilities and related services and defining legal relationships and responsibilities;
now, therefore,
In consideration of the mutual covenants herein, and in exchange for the
promises and other valuable consideration set forth below, County and City agree as
follows:
I. Purpose
Pursuant to ORS Chapter 268, ORS Chapter 459 and related administrative
rules, Metro has established a Regional Solid Waste Management Plan
(hereinafter referred to as "the RSWMP"), including a waste reduction chapter.
The RSWMP provides that Metro shall establish a multi-year work plan for solid
waste reduction and identifies specific programs to implement the Metro plan.
Metro has established guidelines for local governments' participation in these
programs in the form of a recurring annual Waste Reduction Program. The
RSWMP requires cities and counties adopt an annual work program for two
primary programs: Residential Waste Reduction and Recycle at Work. These
programs are funded by Metro via an intergovernmental agreement incorporating
specific work tasks associated with these two programs (hereinafter referred to
as the "Annual Waste Reduction Work Plan").
The RSWMP establishes minimum requirements for city and county work
programs and provides that cities and counties may work cooperatively with
neighboring cities and counties if intergovernmental agreements documenting
cooperative arrangements are submitted with the Program. This Agreement
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Washington County Wasteshed Technical Committee Intergovernmental Agreement June 17, 2011
documents the arrangements among the Participating Local Governments,
establishes the County's duties as administrator of the Annual Waste Reduction
Work Plan on behalf of the Participating Local Governments for each fiscal year
covered under this Agreement and provides a structure for continuing working
relationships among the Participating Local Governments relating to ongoing
requirements that become a part of the RSMWP in the future. This structure will
be referred to as the Washington County Wasteshed Technical Committee
("Committee").
II. Term of Agreement
Participation shall be accomplished by adoption of the Annual Waste Reduction
Work Plan and by entering into this Agreement. The term of this Agreement
commences upon execution and continues in effect through June 30, 2015,
unless terminated by either party as provided for in Section III "Termination and
Opt-Out." Thereafter, this Agreement automatically renews for successive five-
year terms (July 1 — June 30) provided funding from Metro continues to be
available.
III. Termination and Opt Out
County or City may opt out of this Agreement upon giving 90 days written notice
of its intent to do so. County or City may be terminated from participation in this
Agreement if either is in default of the terms hereof. In the event of a default, the
party alleging the default shall give the defaulting party (and all Participating
Local Governments) written notice of the alleged default and defaulting party
shall have 30 days after receipt of notice to cure the default.
When County or City opts out of this Agreement or it is terminated, the effective
date shall be deemed to be July 1 of the next ensuing fiscal year. Further, that
party's assigned funding for the current year's work program as provided for in
Section VIII, "Funding," shall remain under the authority of the Agreement for the
remainder of the current fiscal year.
The County may immediately terminate this Agreement by written notice to City
in the event the County does not receive adequate funding from Metro.
IV. Review of Agreement
This Agreement may be reviewed by the Participating Local Governments at any
time upon written request by any Participating Local Government. Any
Participating Local Government wishing to review the Agreement shall submit its
request in writing to all Participating Local Governments at least sixty (60) days
prior to a proposed review. All such reviews shall be conducted as part of a
general meeting of the Committee. An approval of any requested amendment
requires the unanimous consent of all Participating Local Governments in order
to be adopted. Any such amendment shall be incorporated into the Agreement
to become effective upon execution of a new Agreement by all Participating
Local Governments.
Washington County Wasteshed Technical Committee Intergovernmental Agreement June 17, 2011
V. Administrative Structure of the Committee
A. The Committee consists of one (1) staff member from each Participating
Local Government. The Cities of North Plains and Banks may also have a
staff member on the Committee as ex-officio, non-voting members although
the two are not Participating Local Governments. County staff shall act as
administrative coordinator of the Committee.
B. The County shall develop, propose and present an Annual Waste Reduction
Work Plan to the Committee each year, including projected annual expenses
and revenues for future years. The Annual Waste Reduction Work Plans will
be developed in a timely manner so as to meet all deadlines set by the
Oregon Department of Environmental Quality (DEQ), Metro and Participating
Local Governments. Annual Waste Reduction Work Plans will be presented
for Metro approval by the Committee. The Annual Waste Reduction Work
Plans shall provide Participating Local Governments with minimum waste
reduction standards consistent with the RSWMP; individual Participating
Local Governments may impose higher standards for waste reduction.
VI. Duties of Parties
A. Duties of County
1. The County shall perform work requiring technical expertise, including
plan development, data collection/compilation, report writing, program
coordination, technical advice to Participating Local Governments, and
general information delivery to the public.
2. The County shall perform fieldwork including performing waste
evaluations, commercial recycling, single-family recycling, multi-family
recycling, school and community education and special event
promotion for which Metro funding has been allocated as provided for
in Section VIII herein. Where funding for specific cities is curtailed by
Metro, then adjustments shall be made by the County to the types of
fieldwork conducted.
3. The County shall perform work requiring coordination with Metro, DEQ,
and other agencies and represent the Participating Local Governments
before such agencies.
4. The County shall act as agent for all Participating Local Governments
in applying for waste reduction and recycling grant funds as
determined appropriate by the Committee. Disbursement of funds will
be to Participating Local Governments or franchised haulers based on
a formula determined by the Committee or set by grant requirements.
This does not preclude Participating Local Government(s) from
applying individually for any waste reduction and recycling grant.
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Washington County Wasteshed Technical Committee Intergovernmental Agreement June 17, 2011
5. The County shall perform specific duties assigned in the Annual Waste
Reduction Work Plan for a given year.
B. Duties of Participating Local Governments Including City
1. City shall undertake internal annual program tasks such as waste
reduction and recycling activities, and procurement of recycled
products.
2. Unless otherwise assigned by a separate intergovernmental
agreement, City shall be responsible for enforcement of solid waste
reduction plan standards regarding solid waste collection ordinances
and franchises within the City. Such enforcement includes complaint
investigation, service standard review, reporting, and revisions of city
codes based upon proposals developed by the County.
3. City shall perform the specific duties assigned as outlined in the
Annual Waste Reduction Work Plan for a given year.
VII. Indemnification
A. 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, the County shall hold harmless, defend, and indemnify City,
it's directors, officers, agents, and employees, against all claims,
demands, actions and suits (including all attorney fees and costs) arising
from the County's performance of this Agreement where the loss or claim
is attributable to the negligent acts or omissions of the County.
B. 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, City shall hold harmless, defend and indemnify the County,
its Commissioners, employees and agents against all claims, demands,
actions, and suits (including all attorney fees and costs) arising from City's
performance of this Agreement where the loss or claim is attributable to
the negligent acts or omissions of City.
VIII. Funding
A. Annual Waste Reduction and Recycle at Work Programs
1. For any given year each Participating Local Governments share of the
Metro provided revenue for the "Annual Waste Reduction Program"
and "Recycle at Work Program", for the current program year shall be
provided the County for purposes of funding activities described in
Section VI(A) above.
2. Washington County shall act as administrator for those revenues on
behalf of the Participating Local Governments.
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Washington County Wasteshed Technical Committee Intergovernmental Agreement June 17, 2011
3. Each Participating Local Government has the right, for up to three
years, to audit County records relating to Metro grant funds received
through this Agreement.
B. Other Programs Funded through Metro
1. For all other sources of funding provided by Metro related to
compliance activities under the RSWMP, each Participating Local
Government, including City, shall determine whether to receive those
funds directly or allocate those funds to the County as provided for
within this Agreement.
2. Any Participating Local Government including City choosing to retain
funding shall notify in writing all other Participating Local Governments
of its intent to retain those funds no later than January 31 of each year.
3. Any Participating Local Government choosing to object to such action
shall submit a written response to all other Participating Local
Governments within thirty (30) days of receipt of the original notice.
4. If no objection is raised, then the Participating Local Government
choosing to retain its funding shall be free to do so; however, if
objection is raised, then the Participating Local Governments shall use
their best efforts to resolve the issue.
IX. Exclusivity
This writing is intended both as the final expression of the Agreement between
County and City with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement. All previous agreements
between County and City regarding the Washington County Wasteshed
Technical Committee are hereby revoked and repealed.
WASHINGTON COUNTY (County) CITY &14ARD (City)
By: -- B
a Lindstrom Dennis Koellermeier
r. Deputy County Admin. Public Works Director
Print name and title Print name and title
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