City of Lynnwood - Recycling CoordinatorI AN INTERLOCAL AGREEMENT
2 BETWEEN THE CITY OF LYNNWOOD
3 AND THE CITY OF EDMONDS FOR
4 JOINT FUNDING OF A RECYCLING COORDINATOR
6 THIS AGREEMENT ("Agreement") between the City of Lynnwood ("Lynnwood") and the City
7 of Edmonds ("Edmonds"), each a municipal corpor tion established under the laws of the State
8 of Washington, is dated this C day of 2017.
9
10 WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to
11 make the most efficient use of their powers by enabling them to cooperate with other localities
12 on the basis of mutual advantage; and
13
14 WHEREAS, Edmonds and Lynnwood each presently staff and operate a solid waste program
15 partially funded by a Department of Ecology grant; and
16
17 WHEREAS, the Department of Ecology has funds available to partially fund a continuation of
18 the program; and
19
20 WHEREAS both Edmonds and Lynnwood have partially funded their respective programs for
21 2017 and continuing through June of 2019, yet do not have full funding capability; and
22
23 WHEREAS, Edmonds and Lynnwood have concluded that it would be in their best interests for
24 Edmonds and Lynnwood to jointly fund their solid waste efforts as provided herein.
25
26 NOW, THEREFORE, the parties hereto agree as follows:
27
28 1. Edmonds employs Steve Fisher as Recycling Coordinator, and Lynnwood has approved
29 service provision by Mr. Fisher. Should the position of Recycling Coordinator become
30 vacant during the term of this Agreement, Edmonds shall employ a Recycling Coordinator
31 with appropriate qualifications. The selection of the replacement Recycling Coordinator
32 shall be subject to the approval of Lynnwood, which shall not be unreasonably withheld.
33
34 2. The Recycling Coordinator shall provide Edmonds and Lynnwood with a recycling program
35 during 2017, 2018, and the first half of 2019 to provide for the activities and services
36 described in Exhibit A, which is incorporated herein by reference.
37
38 3. The Edmonds Recycling Coordinator will document actual activities and contacts in meeting
39 the requirements of the Lynnwood recycling program, and will provide verification of time
40 spent on Lynnwood activities, prior to or at the time of submission of any invoice by
41 Edmonds to Lynnwood for payment under Paragraph 4 below.
42
43 4. For services provided by the Recycling Coordinator, Lynnwood will reimburse Edmonds an
44 amount not to exceed $32,000.00 in the year 2017, $36,000.00 in the year 2018, and
45 $20,000.00 in the first half of the year 2019. Reimbursement shall be paid quarterly at a rate
46 of $54.60 per hour in the year 2017, $57.33 per hour in 2018 and $60.20 in 2019, plus
47 Lynnwood's fair share of direct charges of labor, benefits, and material costs, without the
48 inclusion of overhead or general administrative charges, incurred in administering the
330936.01136009910009173c_ORDOC (11/7/12) -1- -) 0 6 91?6
r0�lsf39Z
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Lynnwood recycling program. At the conclusion of each calendar quarter, Edmonds shall
submit an invoice to Lynnwood stating the total hours work on Lynnwood services during
that quarter, and the total amount due to Edmonds. Within thirty (30) days of Lynnwood's
receipt of an invoice, Lynnwood shall (1) pay all undisputed amounts to Edmonds and (2) if
Lynnwood objects to all or any portion of the invoice, notify Edmonds of the disputed
amount.
5. This Agreement shall be effective as of January 1, 2017 and will expire June 30, 2019 unless
terminated earlier pursuant to Paragraph 6 below. 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 written notice to the
other party. 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 party.
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.
330936.01136009910009173c-01!. DOC (11/7/12) -2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
9.3 Because no joint or cooperative undertaking is contemplated by this
Agreement, no provision has been made for an administrator or joint board.
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
&2day o f __,2017.
CITY OF LYNNWOOD CIT F EDMONDS
ky9y�,P_
Nicola Smith Mayor Dave Earlin Ma
3' g� or y
ATTEST
S a Sp ger, Pinance Director
AP ROVED AS TO FORM
Rose y Larson, City Attorney
330936,01136009910009173c 01! DOC (11/7/12)
-3-
ATTEST
Scott Passey, City Cler
APP ZL
FORM
Sharon Cates, Office of the City Attorney
I EXHIBIT A
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
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 retail/office/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 organics collection 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.
-"Take It Back" Network for proper electronics recycling.
Representative on Solid Waste Advisory Committee (SWAC) (Edmonds)
33093601136009910009173c_01!.DOC(11/7/12) -4-