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HomeMy WebLinkAboutIGA - Sisters Recycling ServicesDeschutes 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 May 28, 2008 Please see directions for completing this document on the next page. DATE: May 16, 2008 FROM: Timm Schimke. Solid Waste 317-3177 TITLE OF AGENDA ITEM: Consideration of Signature of Intergovernmental Agreement with the City of Sisters regarding recycling facilities and services. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: The City of Sisters and the Department of Solid Waste have a history of working cooperatively to provide recycling services to residents of the City of Sisters and the surrounding area. The City recently constructed a new recycling depot, which has improved the convenience and level of sere ice to the users. The Department of Solid Waste agreed to participate in this improvement by providing funds for site attendant facilities and supplying the attendant. The Agreement being considered establis ies these provisions as well as other roles and responsibilities of the two organizations in this venture. FISCAL IMPLICATIONS: The Department of Solid Waste will provide funds in the amount of $55,742.00 for facilities construction. The cost of an attendant for the facility will be about $33,000.00 per year. RECOMMENDATION & ACTION REQUESTED: Having an attendant at the facility has resolved a number of the "abuse" problems we experience with unmanned facilities around the County. I recommend signature of the Intergovernmental Agreement with The City of Sisters. ATTENDANCE: Timm Schimke. DISTRIBUTION OF DOCUMENTS: Return signed copies to the Department of Solid Waste. I will obtain signatures from the City of Sisters and return an original to the BOCC. 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.) Date: Please complete all sections above the Official Review line. May 16, 2008 Contact Person: Timm Schimke Contractor/Supplier/Consultant Name: Department: 'Solid Waste Phone #: 317-3177 City of Sisters Goods and/or Services: Intergonvernmental Agreement with the City of Sisters stipulating terms and conditions for cooperative operations of the recycling depot located in Sisters Background & History: The City of Sisters and the Department of Solid Waste have a history of working cooperatively to provide recycling services to residents of the City of Sisters and the surrounding area. The City recently constructed a new recycling depot which has improved the convenience and level of service to the users. The Department of Solid Waste agreed to participate in this improvement by provinding funds for site attendant facilities and supplying the attendant.The Agreement being considered establishes these provisions as well as other roles and responsibilities of the two organizations in this venture.. Agreement Starting Date: May 28, 2008, Ending Date: Annual Value or Total Payment: $55,742.00 for infrastructure and about $33,000.00 per year for personnel Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Title: Timm Schimke Director of Solid Waste Department Director Approval:' -- Phone #: '317-3177 Signature Date 5/19/2 )08 Distribution of Document: Return signed copies to the Department of Solid Waste. I will obtain signatures from the City of Sisters and return an original to the BOCC. Official Review: County Signature Required (check one): LI BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Date Document Number 5/19/20)8 INTERGOVERNMENTAL AGREEMENT PROVISIONS FOR RECYCLING FACILITIES AND SERVICES IN THE CITY OF SISTERS This Agreement is entered into under the provisions of ORS Chapter 190 between Deschutes County, Oregon, a political subdivision of the State of Oregon, hereinafter referred to as "County" and the City of Sisters', a municipal corporation of the State of Oregon, hereafter referred to as "City." 1. Recitals. 1.1 City intends to provide recycling facilities for use by residents of the City of Sisters and the surrounding area. 1.2 City has entered into an Intergovernmental Agreement with the Sisters -Camp Sherman Rural Fire Protection District for use of the District's property located in the Sisters' Industrial Park for construction and operation of a recycling facility, hereafter referred to as Property. 1.3 County recognizes the contribution that such facilities make towards state established waste diversion goals for the waste shed. 1.4 City has constructed a recycling facility on the Property, including a lockable enclosure suitable for a staff person. 1.5 The parties agree to work cooperatively to ensure the success of the recycling facilities and maximize the quality and volumes of recyclables collected at the facilities. 2. Responsibilities of City. City shall: 2.1 Provide all containers and receptacles where recyclables are deposited. 2.2 Provide periodic inspection, oversight and clean up of the Property. 2.3 Provide water, sewer and electrical service at City's expense as needed; 2.4 Take necessary steps to maintain efficient operation and maintenance of the recycling facilities, and arrange with County or its agent for transport of materials. 2.5 In the event the Property is no longer available to use as a recycling facility, City shall furnish a substitute location. 3. Responsibilities of County. County shall: Page 1 Of 3- City/County Recycling Provisions IGA 3.1. Reimburse City for construction cost of staff accommodations at the facilities in the amount of $55,742.00, which is County's total contribution towards cost of such facilities. 3.2. Provide any furnishings of staff accommodations desired beyond those provided in initial construction. 3.3. Take possession of the recycling commodities at the property and pay transportation costs for removing the recycling commodities. 3.4. Provide staff for the facility and establish a schedule in consultation with City. 3.5. Provide staff supervision. 3.6. County staff's primary responsibility will be to provide education and assistance to citizens using the facility, and ensure efficient loading of containers to maximize payload and minimize contamination of the recycling streams. 3.7. County staff will assist City on other maintenance and operational issues. 4. Right to Terminate Agreement. Either party may terminate this agreement upon 90 days written notice. City and County agree to revisit the terms and conditions of this agreement as needed and prior to any termination notice to consider modification to terms and resolution any disputes 5. No Partnership. Neither City or County 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. 6. Miscellaneous. 6.1 City designates its Public Works Director to represent City in all matters pertaining to administration of this Agreement. 6.2 County designates the Director of the Department of Solid Waste to represent County in all matters pertaining to administration of this Agreement. 6.3 Each party agrees to indemnify, hold harmless, and defend the other party and the other party's officers, agents, commissioners, 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. Page 2 Of 3- City/County Recycling Provisions IGA 6.4 Any notice or notices provided under this Agreement or by law to be given or served upon either party shall be addressed to: DESCHUTES COUNTY CITY OF SISTERSS Director of Solid Waste Director of Public Works Deschutes County Department of Solid Waste City of Sisters Department of Public Works 61050 S.E. 27th Street 520 E. Cascade Ave Bend, OR 97702 Sisters, OR 97759 DATED this day of CITY OF SISTERS 2008. BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON EILEEN STEIN, City Manager DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair MICHAEL M. DALY, Commissioner Page 3 Of 3- City/County Recycling Provisions IGA