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Lynnwood - Joint Funding Recycling_Coordinator1 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 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 --b-�-4R Packet Page 87 of 586 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 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 L.ynnwood'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 partty'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. -2- Packet Page 88 of 586 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 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 1 ,I day of 2015. CITY OF LYNNWOOD NicoPah, Mayor ATTEST Art Ceniza, Interim Finance trector APP OVED AS TO FORM Rosetrt rson, City Attorney -3- CZvE F LDlvi0 S Drlin Mayor ATTEST Scott Passey, City APP VED AS TO FORM Sharon Cates, Office of the City Attorney Packet Page 89 of 586 I EXHIBIT A 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 49 50 51 52 53 54 55 56 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 recyclinWcompost 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 collecting organics from restaurants and other food service businesses. Small Quantity Generator educational outreach (special & hazardous wastes). CONTINIED CITY IN-fJOUSE 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. -"Tape It Back" Network for proper electronics recycling. Representative an Solid Waste Advisory Committee (SWAC) (Edmonds) me Packet Page 90 of 586