Lynnwood Interlocal Agreement for Joint Funding of a 2015-16 Recycling Coordinator1
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4$
AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF LYNNWOOD
AND THE CITY OF EDMONDS FOR
JOINT FUNDING OF A RECYCLING COORDINATOR
THIS AGREEMENT ("Agreement") between the City of Lynnwood ("Lynnwood") and the City
of Edmonds ("Edmonds"), each a municipal corporation established under the laws of the State
of Washington, is dated this day of January 2015.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to
make the most efficient use of their powers by enabling them to cooperate with other localities
on the basis of mutual advantage; and
WHEREAS, Edmonds and Lynnwood each presently staff and operate a solid waste program
partially funded by a Department of Ecology grant; and
WHEREAS, the Department of Ecology has funds available to partially fund a continuation of
the program; and
WHEREAS both Edmonds and Lynnwood have partially funded their respective programs for
2015 and 2016, yet do not have full funding capability; and
WHEREAS, Edmonds and Lynnwood have concluded that it would be in their best interests for
Edmonds and Lynnwood to jointly fund their solid waste efforts as provided herein;
NOW, THEREFORE, the parties hereto agree as follows:
1. Edmonds employs Steve Fisher as Recycling Coordinator, and Lynnwood has approved
service provision by Mr. Fisher. Should the position of Recycling Coordinator become
vacant during the term of this Agreement, Edmonds shall employ a Recycling Coordinator
with appropriate qualifications. The selection of the replacement Recycling Coordinator
shall be subject to the approval of Lynnwood, which shall not be unreasonably withheld.
2. The Recycling Coordinator shall provide Edmonds and Lynnwood with a recycling program
during 2015 and 2016 to provide for the activities and services described in Exhibit A, which
is incorporated herein by reference.
3. The Edmonds Recycling Coordinator will document actual activities and contacts in meeting
the requirements of the Lynnwood recycling program, and will provide verification of time
spent on Lynnwood activities, prior to or at the time of submission of any invoice by
Edmonds to Lynnwood for payment under Paragraph 4, below.
4. For services provided by the Recycling Coordinator, Lynnwood will reimburse Edmonds an
amount not to exceed $26,000.00 in the year 2015 and $29,000.00 in the year 2016.
Reimbursement shall be paid quarterly at a rate of $61.24 per hour in the year 2015 and
$62.46 per hour in the year 2016, plus Lynnwood's fair share of direct charges of labor,
benefits, and material costs, without the inclusion of overhead or general administrative
charges, incurred in administering the Lynnwood recycling program. Edmonds shall notify
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Lynnwood when Edmonds has been reimbursed $20,000.00 in either year at which time the
parties shall meet to determine whether to amend the Agreement to provide for further work
and compensation.
5. This Agreement shall be effective as of January 1, 2015 and will expire December 31, 2016.
This Agreement may be extended by mutual written agreement of both parties and upon
specific approval of the respective recycling programs for -future budget years.
6. This Agreement may be terminated by either party upon sixty (60) days' notice.
Reconciliation of costs, payment, transfer of developed materials, and a current report of
completed activities will be completed within the sixty (60) day period following notice by
either parry.
7. Lynnwood agrees to indemnify and hold harmless the City of Edmonds from any claims
arising as a result of the administration of Lynnwood's program under this Agreement.
Lynnwood and Edmonds shall each be responsible for any and all liability resulting from any
acts or omissions resulting from its own negligent and/or wrongful acts or omissions, and
those of its own agents, employees, contractors, or officials, as the same shall be determined
under the laws of the State of Washington or a mutually approved settlement agreement.
8. This Agreement incorporates the entire understanding between Edmonds and Lynnwood
regarding the subject matter of this Agreement. This Agreement may only be modified in a
writing signed by the parties hereto. It shall be filed with the Department of Ecology and the
Snohomish County Auditor as required by law.
9. In addition to the provisions previously stated regarding duration, organization and purpose,
the following provisions are included pursuant to the requirements of RCW 39.34.030:
9.1 No joint or cooperative undertaking is required by this Agreement.
Therefore, no provision is made for the financing of any joint or cooperative
undertaking.
9.2 No joint property ownership is contemplated under the terms of this
Agreement. To the extent title to the right of way exists, it shall remain in the
ownership of the party which acquires it. In the event, at the termination of this
Agreement, any personal property is jointly owned by the parties, either party
may purchase the interest of the other, with the other party's permission, at fair
market value, as such value is determined by the parties. In the event that neither
party wishes to retain jointly obtained property, it shall be surplussed and the
proceeds divided pro-rata based upon the party's initial contribution to the
purchase of such property. If both parties seek ownership of the property, value
shall be determined as herein provided and the right of the parties to purchase the
property or properties determined by the drawing of lots.
9.3 Because no joint or cooperative undertaking is contemplated by this
Agreement, no provision has been made for an administrator or joint board.
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9.4 This Agreement shall be effective when listed by subject on the City of
Edmonds' web site, Lynnwood's web site or another electronically retrievable
public source, whichever shall first occur.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of this
day of _ 2015.
CITY OF LYNNWOOD
Mew a Smith, Mayor
ATTEST
rt Ceniza, Interim Finance erector
APP OVED AS TO FORM
�Xi(B� Lam[
Rose: rson, City Attorney
-3-
C F EDMO dd
h
Dav Ea�rlin , Mayor \l�
ATTEST
Scott Passey, City
APPkVEDAS TO FORM
Sharon Cates, Office of the City Attorney
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I EXHIBIT A
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Waste Reduction and Recycling Programs
Cities of Edmonds and Lynnwood
CONTINUED PUBLIC EDUCATIONAL MESSAGES & OUTREACH:
City Newsletter articles.
Program information section for city Internet web sites.
Presentations and assistance to schools and businesses.
Educational outreach, plus providing recycling/compost collection at local public events.
Maintain Recycle Cart (Edmonds) and Recycle/Compost information racks (Lynnwood).
Distribution of brochures and flyers, and creation of educational displays.
Publicity, coordination and assistance with local scout troops with Christmas tree recycling.
ASSISTANCE to MULTI -FAMILY PROPERTIES with RECYCLING EFFORTS:
Continues to supply information and assistance to managers and tenants.
Expansion of available recycling to non -participating properties.
Contamination issues, illegal dumping, Christmas tree collection, multi-lingual information.
EXPANSION & MAINTENANCE of SINGLE-FAMILY RECYCLING PROGRAMS:
Cooperation with the municipal waste collection companies in identifying non -customers for use in a campaign to
increase single family participation.
Publicity, information and management for special recycling collection and clean-up events.
ASSISTANCE to the COMMERCIAL SECTOR with WASTE PREVENTION & RECYCLING EFFORTS
and SOLID WASTE ISSUES & MANAGEMENT-.
Contacts, site visits, waste assessments to retaii/offce/manufacturers/schools/institutions.
Presentations of options and opportunities for businesses such as construction and demolition debris recycling,
material exchanges and reuse opportunities, and issues affecting water quality.
Continuation of support and maintenance of the Compost Collection Project — involving collecting organics from
restaurants and other food service businesses.
Small Quantity Generator educational outreach (special & hazardous wastes).
CONTINUED CITY IN-HOUSE WASTE PREVENTION & RECYCLING PROGRAM:
Keep employees updated on recycling information and opportunities.
Expand and evaluate recycling, reuse, and solid waste generation and disposal.
Coordinate proper recycling of unwanted electronics, cell phones, batteries, and printer cartridges.
ADMINISTRATIVE DUTIES:
Grant administration: Quarterly and final reports for Department of Ecology.
Program evaluation and ordinance research and writing.
Continuation as part of development Services review, specifically for proposed new and remodeled commercial and
multi -family properties to help site enclosures and containers for garbage and recycling.
Continued liaison with the municipal solid waste collection companies.
CONTINUED LIAISON with COUNTY SOLID WASTE DEPARTMENT:
Meetings and assistance with County programs:
-Household Hazardous Waste Drop -Off Station.
-County solid waste and recycling facilities.
-Used oil, oil filters, and antifreeze collection sites.
-"Take It Back" Network for proper electronics recycling.
Representative on Solid Waste Advisory Committee (SWAC) (Edmonds)
me
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