HomeMy WebLinkAboutDoc 488 - IGA - Sisters Recycling CenterDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of July 25, 2012
Please see directions for completing this document on the next page.
DATE: July 16,2012
FROM: Timm Schimke. Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Approval of an intergovernmental Agreement with the City of Sisters for operation of
the Sisters Recycling Center.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Department of Solid Waste and the City of Sisters have a long history of working cooperatively to
provide recycling opportunities to citizens in the Sisters Area. The proposed agreement establishes
roles, responsibilities and funding for a recycling depot in Sisters for the 2012/2013 fiscal year. The
County's support is in the form of funding assistance for the depot through the Department of Solid
Waste
FISCAL IMPLICATIONS:
Undere the proposed agreement, the County will provide $36,000 for partial funding of the Sisters
Recycling Depot. Funds are budgeted in the Department of Solid Waste.
RECOMMENDATION & ACTION REQUESTED:
The Sisters Recycling Depot benefits Deschutes County by reducing the amount of waste disposed, and
extending the life of Knott Landfill. I recommend approval of County Administrator signature of
Document Number 2012-488
ATTENDANCE: Timm Schimke
DISTRIBUTION OF DOCUMENTS:
Return doculments to Solid Waste for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements. regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda. the Agenda Request Form is also required. If this form is not included with the document. the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes. and not directly to Legal Counsel. the
County Administrator or the CommisSioners. In addition to submitting this form with your documents. please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line,
Date: puly 17, 201~ Department: ISolid Wast~
Contractor/Supplier/Consultant Name: ICity of Sistersl
Contractor Contact: IEileen Steinl Contractor Phone #: 1541 549j
~
Type of Document: IGA.
Goods and/or Services: The IGA establishes roles and responsibilities of the parties
for the operation and financing of the Sisters Recycling Depot.
Background & History: The Department of Solid Waste and the City of Sisters have
a long history of working cooperatively to provide a recycling opportunity to citizens in
the Sisters area by operating a recycling depot in Sisters. The County's contribution
over the last few years is primarily in the form of financial assistance. This year the
County will contribute $36,000.00 to support the depot.
Agreement Starting Date: puly 25,20121 Ending Date: pune 30,1
~
Annual Value or Total Payment: 1$36,000.001
D Insurance Certificate Receiied (CleCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
7/17/2012
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name:
Phone #: 1,-------,
Departmental Contact and Title: Phone #:
Department Director APproval~".,........ sL;/
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): 0 SOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, SOCC Order No. ____--J)
Legal Review Date
Document NumbePC 2 a12 .. 4 8 8
7/17/2012
Sisters Recycle Center
OPERATING AGREEMENT
This Operating Agreement is entered into between the City of Sisters, an Oregon municipal corporation
("City"), High Country Enterprises, LLC, an Oregon limited liability company, ("HCD"), and Deschutes County, a
political subdivision of the State of Oregon ("County").
1. RECITALS.
1.1 City operates a recycling facility for use by residents of the City of Sisters and the surrounding
area (the Center). The parties agree that the City facility contributes toward established waste
diversion goals for the waste shed.
1.2 HCD provides solid waste and recyclable collection and hauling within the City pursuant to
Ordinance No. 381 and the September 26, 2008 Solid Waste Franchise Agreement between
the City and HCD.
1.3 In September, 2010, City, County, and HCD entered into an operating agreement to provide
recycling serVices through the Sisters Recycle Depot. The parties desire to continue these
services through FY 12-13, ending June 30,2013.
2. RESPONSIBILITIES OF CITY. During the term of this Agreement City shall:
2.1 Provide daily site inspections and cleanup of the Center when opening and closing the facility,
as well as periodic site inspections and cleanup during the open hours when the attendant is
not scheduled to be on duty. City shall notify HCD immediately of full receptacles or other
operational issues that HCD needs to address
2.2 Provide the following signage: Two signs for facility information and two signs for hours of
operation. Signage restricting the use of the facility to residential customers and directing
commercial customers to utilize curbside recycling within the city or Northwest Transfer Station.
2.3 Maintain the perimeter fence and gates.
2.4 Support and promote recycling in general and use of the Center in particular thru ongoing public
relations, use of the billing system, signage, press releases, and the city website. Promote use
of curbside recycling by city residents and businesses within the city. Promote the use of the
Depot by city residents for glass and oil only.
2.5. Except on scheduled holidays, the Center shall be open to the public four days per week. City
shall open the Center gates at 7:00 a.m. and close the facility gates at 5:00 p.m. This section
shall be suspended for the duration of the 2012 Pilot Project as specified in Section 2.9.
2.6 In consultation with HCD, continue to evaluate the need to install a surveillance system that can
be monitored by both the City and HCD while at the facility and/or remotely.
2.7 Maintain the facility in good working condition, repair damages, and update equipment as
necessary to address safety, access, or other issues.
2.8 Name HCD as an additional insured on existing' City liability policy.
Page 1 of 4 -Sisters Recycling Center Operating Agreement -FY 12-13
2.9 2012 Pilot Project. The parties agree to undertake up to a six-month pilot project for purposes
of assessing the costs and evaluating the potential to operate the Center seven days per week.
The pilot project will commence July 1, 2012. The hours of operation shall be the same as
specified in Section 2.5. The responsibilities of the parties shall be the same as specified in
this agreement with the exception that the parties shall provide monthly reporting of revenue
received and operational costs of the Center, as well as experiential data being logged by City
and HCD staff. Due to the potential for the Pilot Project to increase operational costs, the
parties agree that increased costs to HCD will be offset by program changes, fncreased
funding from the City or County, or any other means to mitigate HCD's costs.
3. RESPONSIBILITIES OF HCD. During the term of this Agreement HCD shall:
3.1 Provide part time site attendant staffing with scheduled hours provided to and agreed upon by
City. Staffing hours shall be limited to not more than 16 hours per week.
3.2 Educate and redirect commercial users to utilize curbside recycling within the city or to use the
Northwest Transfer Station for businesses located outside the city limits of Sisters.
3.3 Haul recyclable materials from the property as required to maintain adequate capacity at all
times for the public to deposit recyclables. All recyclables deposited at the Center belong to
HCD.
3.4 Support and promote recycling in general and use of the Center in particular through ongoing
public relations, educational guides and brochures on recyclable materials, and information on
the HCD website. Promote the use of curbside recycling by city residents and businesses
within the city. Promote the use of the Depot by city residents for glass and oil only.
3.5 Provide feedback to the City on actual Center operating costs through April 1 ,2012.
3.6 Provide facility cleanup during all hours of operation staffed by HCD.
3.7 Repair damages to the center caused by HCD negligence.
3.8 Name the City of Sisters additional insured on existing HCD liability policy.
4. RESPONSIBILITIES OF COUNTY. During the term of this Agreement the County shall:
4.1 Provide $36,000.00 to HCD to cover operational costs. This sum shall be paid as follows:
HCD will bill the County monthly starting July 31, 2012 through June 30,2013. The amount
billed at the end of each month will be $3,000. The parties understand that the amount
provided in this section is a one-ttme only contribution by the County.
4.2 Support and promote recycling in general and the use of the Depot in particular through
ongoing public relations, press releases, and information on the county website. Help educate
and redirect commercial users outside the city limits of Sisters to use the Northwest Transfer
Station.
5. REVIEW OF OPERATIONS.
5.1 Notwithstanding the 2012 Pilot Project as specified in Section 2.9, HCD will provide operational
cost information to the parties on April 12, 2013. The parties agree to evaluate the actual
operational costs and discuss future long term funding strategies prior to June 1, 2013.
Page 2 of 4 -Sisters Recycling Center Operating Agreement -FY 12-13
6. RIGHT TO TERMINATE.
6.1 Any party may terminate this Agreement upon 90 days written notice. City and HCD agree to
revisit the terms and conditions of the Agreement as needed, and prior to any termination
notice, to consider modifications to terms and resolution to any disputes.
7. NO PARTNERSHIP.
7.1 Neither the City, County, or HCD is, by virtue of this Agreement, a partner or jOint venturer or
agent of the other party in connection with activities carried out under this Agreement, and
neither party shall have any obligation with respect to the others debts or any other liabilities of
any kind or nature except as specifically provided herein.
8. MISCELLANEOUS.
8.1 City designates the Public Works Director to represent the City in all matters pertaining to
administration of this Operating Agreement.
8.2 HCD designates Brad Bailey to represent HCD in all matters pertaining to administration of this
Operating Agreement.
8.3 County designates the Director of the Department of Solid Waste to represent County in all
matters pertaining to administration of this Agreement.
8.4 Each party agrees to indemnify, hold harmless, and defend the other party and the other
party's officers, agents, owners, and employees from and against all claims and actions, and all
expenses incidental to the investigation and defense thereof, arising out of or based upon
damages or injuries to persons or property resulting from the negligence or intentional acts of
that parties employees or agents.
HIGH COUNTRY DISPOSAL CITY OF SISTERS
Brad Bailev Director of Public Works
High Country Disposal City of Sisters
PO box 504 PO Box 39
Bend, Oregon 97709 Sisters, Oregon 97759
DESCHUTES COUNTY
Director of Solid Waste
Deschutes Countv Department of Solid Waste
61050 S.E. 27,r Street
Bend, OR 97702
8.5 Any notice or notices provided under this Agreement or by law to given or served upon either
party shall be addressed to:
I
I
Page 3 of 4 -Sisters Recycling Center Operating Agreement -FY 12-13
Dated this 28 th day of June, 2012.
CITY OF SISTERS HIGH COUNTRY Enterprises, LLC
~ EiLEENST~iN,CitYManager BRAD E. BAILEY, Member
DESCHUTES COUNTY
ERIK KROPP, Interim County Administrator
Page 4 of 4 -Sisters Recycling Center Operating Agreement -FY 12-13