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AG 90-018RETURN TO: ! /u ;J EXT: ) I D I CITY tVOFIFEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / SWR 2. ORIGINATING STAFF PERSON: ROB VAN ORSOW EXT: 2770 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION R❑ CONTRACT AMENDMENT(AG #): C) O '" %-B NTERLOCAL ❑ OTHER MEMORANDUM OF UNDERSTANDING 5. PROJECT NAME: AMENDED AND RESTATED SOLID WASTE INTERLOCAL AGREEMENT 6. NAME OF CONTRACTOR: KING COUNTY ADDRESS: �KING� COUNTY SOLID WASTE, II E -MAIL: N'`C7 . Dio ip, I as SIGNATURE NAME: 201 S JACKSON ST, SUITE 701, SEATTLE 98104 TELEPHONE: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. S. TERM: COMMENCEMENT DATE: CONTINUATION OF CURRENT SWIA- ILA COMPLETION DATE: DECEMBER 31, 2040 9. TOTAL COMPENSATION: $_N /A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT/ CONTRACT REVIEW DIVISION MANAGER DEPUTY DIRECTOR IIZ.I20i3 /DIRECTOR INITIAL / DATE REVIEWED PAID BY' ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 3/26/13 COUNCIL APPROVAL DATE: 4 /2/13 12. CONTRACT SIGNATURE ROUTING I l L24 �SENT TO VENDOR/CONTRACTOR DATE SENT: '7 1;�xo i j DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS IN TIAL/ DATE SIGNED ,13 LAW DEPT e • I SIGNATORY AYOR R�AIi)1� Iq Po 13 CITY CLERK ,(}�� I ❑ ASSIGNED AG # AG# SIGNED COPY RETURNED DATE SENT: ' 1Z ' 1.5 ❑ RETURN ONE ORIGINAL COMMENTS: THE AMENDED AND RESTATED SOLID WASTE INTERLOCAL AGREEMENT TAKES INTO CONSIDERATION LIABILITY AND BOND FUNDING TERM ISSUES RELATED TO CONTINUED OPERATION AND PLANNED ONGOING REBUILDING OF THE REGIONAL SOLID WASTE INFRASTRUCTURE. IT SUPERSEDES THE CURRENT AGREEMENT SLATED TO EXPIRE IN MID -2028. THE CITY COUNCIL AUTHORIZED THE MAYOR TO EXECUTE THIS AGREEMENT AT THEIR APRIL 2, 2013 MEETING. tftd& z nyl4hais AMENDED AND RESTATED SOLID WASTE INTERLOCAL AGREEMENT This Amended and Restated Solid Waste Interlocal Agreement ( "Agreement ") is entered into between King County, a political subdivision of the State of Washington and the City of Federal Wav, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. Collectively, the County and the City are referred to as the "Parties." This Agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated below: King County: Ordinance No. k ll City: PREAMBLE A. This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of extending, restating and amending the Solid Waste Interlocal Agreement between the Parties originally entered into in 1990 (the "Original Agreement "). The Original Agreement provided for the cooperative management of Solid Waste in King County for a term of forty (40) years, through June 30, 2028. The Original Agreement is superseded by this Amended and Restated Agreement, as of the effective date of this Agreement. This Amended and Restated Agreement is effective for an additional twelve (12) years through December 31, 2040. B. The Parties intend to continue to cooperatively manage Solid Waste and to work collaboratively to maintain and periodically update the existing King County - 1 - Comprehensive Solid Waste Management Plan (Comprehensive Plan) adopted pursuant to chapter 70.95 RCW. C. The Parties continue to support the established goals of Waste Prevention and Recycling as incorporated in the Comprehensive Solid Waste Management Plan, and to meet or surpass applicable environmental standards with regard to the Solid Waste System. D. The County and the Cities agree that System- related costs, including environmental liabilities, should be funded by System revenues which include but are not limited to insurance proceeds, grants and rates; E. The County, as the service provider, is in the best position to steward funds System revenues that the County and the Cities intend to be available to pay for environmental liabilities; and F. The County and the Cities recognize that at the time this Agreement goes into effect, it is impossible to know what the ultimate environmental liabilities could be; nevertheless, the County and the Cities wish to designate in this Agreement a protocol for the designation and distribution of funding for potential future environmental liabilities in order to protect the general funds of the County and the Cities. G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960 and began using it for Disposal of Solid Waste in 1964. The County acquired ownership of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an asset owned by the County. H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some date during the term of this Agreement, after which time all Solid Waste under this Agreement will need to be disposed of through alternate means, as determined by the - 2 - Cities and the County through amendments to the Comprehensive Solid Waste Management Plan. The County currently estimates the useful life of the Cedar Hills Landfill will extend through 2025. It is possible that this useful life could be extended, or shortened, by System management decisions or factors beyond the control of the Parties. I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as the System uses this general fund asset and the Parties seek to clarify terms relative to the calculation of the associated rent. J. The County and Cities participating in the System have worked collaboratively for several years to develop a plan for the replacement or upgrading of a series of transfer stations. The Parties acknowledge that these transfer station improvements, as they may be modified from time -to -time, will benefit Cities that are part of the System and the County. The Parties have determined that the extension of the term of the Original Agreement by twelve (12) years as accomplished by this Agreement is appropriate in order to facilitate the long -term financing of transfer station improvements and to mitigate rate impacts of such financing. K. The Parties have further determined that in order to equitably allocate the benefit to all System Users from the transfer station improvements, different customer classes may be established by the County to ensure System Users do not pay a disproportionate share of the cost of these improvements as a result of a decision by a city not to extend the term of the Original Agreement. L. The Parties have further determined it is appropriate to strengthen and formalize the advisory role of the Cities regarding System operations. - 3 - The Parties agree as follows: I. DEFINITIONS For purposes of this Agreement the following definitions shall apply: "Cedar Hills Landfill" means the landfill owned and operated by the County located in southeast King County. "Cities" refers to all Cities that have signed an Amended and Restated Solid Waste Interlocal Agreement in substantially identical form to this Agreement. "Comprehensive Solid Waste Management Plan" or "Comprehensive Plan" means the Comprehensive Solid Waste Management Plan, as approved and amended from time to time, for the System, as required by chapter 70.95.080 RCW. "County" means King County, a Charter County and political subdivision of the State of Washington. "Disposal" means the final treatment, utilization, processing, deposition, or incineration of Solid Waste but shall not include Waste Prevention or Recycling as defined herein. - 4 - "Disposal Rates" means the fee charged by the County to System Users to cover all costs of the System consistent with this Agreement, all state, federal and local laws governing solid waste and the Solid Waste Comprehensive Plan. "Divert" means to direct or permit the directing of Solid Waste to Disposal sites other than the Disposal site(s) designated by King County. "Energy/Resource Recovery" means the recovery of energy in a usable form from mass burning or refuse - derived fuel incineration, pyrolysis or any other means of using the heat of combustion of Solid Waste that involves high temperature (above 1,200 degrees F) processing. (chapter 173.350.100 WAC). "Landfill" means a Disposal facility or part of a facility at which Solid Waste is placed in or on land and which is not a land treatment facility. "Metropolitan Solid Waste Advisory Committee" or "MSWAC" means the advisory committee composed of city representatives, established pursuant to Section IX of this Agreement. "Moderate Risk Waste" means waste that is limited to conditionally exempt small quantity generator waste and household hazardous waste as those terms are defined in chapter 173 -350 WAC, as amended. - 5 - "Original Agreement" means the Solid Waste Interlocal Agreement first entered into by and between the Parties, which is amended and restated by this Agreement. "Original Agreements" means collectively all such agreements between Cities and the County in substantially the same form as the Original Agreement. "Parties" means collectively the County and the City or Cities. "Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill Disposal or incineration. "Regional Policy Committee" means the Regional Policy Committee created pursuant to approval of the County voters in 1993, the composition and responsibilities of which are prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now exist or hereafter may be amended. "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged materials, discarded commodities and recyclable materials, but shall not include dangerous, hazardous, or extremely hazardous waste as those terms are defined in chapter 173 -303 WAC, as amended; and shall further not include those - 6 - wastes excluded from the regulations established in chapter 173 -350 WAC, more specifically identified in Section 173- 350 -020 WAC. "Solid Waste Advisory Committee" or "SWAC" means the inter - disciplinary advisory forum or its successor created by the King County Code pursuant to chapter 70.95.165 RCW. "System" includes King County's Solid Waste facilities used to manage Solid Wastes which includes but is not limited to transfer stations, drop boxes, landfills, recycling systems and facilities, energy and resource recovery facilities and processing facilities as authorized by chapter 36.58.040 RCW and as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. "System User" or "System Users" means Cities and any person utilizing the County's System for Solid Waste handling, Recycling or Disposal. "Waste Prevention" means reducing the amount or type of waste generated. Waste Prevention shall not include reduction of already - generated waste through energy recovery, incineration, or otherwise. II. PURPOSE The purpose of this Agreement is to foster transparency and cooperation between the Parties and to establish the respective responsibilities of the Parties in a Solid Waste management System, including but not limited to, planning, Waste Prevention, Recycling, and Disposal. . - 7 - III. DURATION This Agreement shall become effective as of 1 110 �3 and shall remain in effect through December 31, 2040. IV. APPROVAL This Agreement will be approved and filed in accordance with chapter 39.34 RCW. V. RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT 5.1 The Parties recognize that System Users benefit from long -term Disposal arrangements, both in terms of predictability of System costs and operations, and the likelihood that more cost competitive rates can be achieved with longer -term Disposal contracts as compared to shorter -term contracts. To that end, at least seven (7) years before the date that the County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement, whichever is sooner, the County will engage with MSWAC and the Solid Waste Advisory Committee, among others, to seek their advice and input on the Disposal alternatives to be used after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs associated with the recommended Disposal alternatives, and amendments to the Comprehensive Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the long -term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this Agreement shall require the Parties to reach agreement on an extension of the term of this Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution provisions of Section XIII do not apply, and this Agreement shall remain unchanged. - 8 - 5.2 Notwithstanding any other provision in this Agreement to the contrary, the Parties may, pursuant to mutual written agreement, modify or amend any provision of this Agreement at any time during the term of said Agreement. VI. GENERAL OBLIGATIONS OF PARTIES 6.1 King County 6.1.a Management. The County agrees to provide Solid Waste management services, as specified in this Section, for Solid Waste generated and collected within the City, except waste eliminated through Waste Prevention or waste recycling activities. The County agrees to dispose of or designate Disposal sites for all Solid Waste and Moderate Risk Waste generated and/or collected within the corporate limits of the City which is delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules, or regulations, as those laws are described in Subsection 8.5.a. The County shall maintain records as necessary to fulfill obligations under this Agreement. 6. Lb Planning. The County shall serve as the planning authority for Solid Waste and Moderate Risk Waste under this Agreement but shall not be responsible for planning for any other waste or have any other planning responsibility under this Agreement. 6. Lc Qperation. King County shall be or shall designate or authorize the operating authority for transfer, processing and Disposal facilities, including public landfills and other facilities, consistent with the adopted Comprehensive Plan as well as closure and post - closure responsibilities for landfills which are or were operated by the County. - 9 - 6.1.d Collection Service. The County shall not provide Solid Waste collection services within the corporate limits of the City, unless permitted by law and agreed to by both Parties. 6. Le Support and Assistance. The County shall provide support and technical assistance to the City consistent with the Comprehensive Solid Waste Management Plan for a Waste Prevention and Recycling program. Such support may include the award of grants to support programs with System benefits. The County shall develop educational materials related to Waste Prevention and Recycling and strategies for maximizing the usefulness of the educational materials and will make these available to the City for its use. Although the County will not be required to provide a particular level of support or fund any City activities related to Waste Prevention and Recycling, the County intends to move forward aggressively to promote Waste Prevention and Recycling. 6.1.f Forecast. The County shall develop Solid Waste stream forecasts in connection with System operations as part of the comprehensive planning process in accordance with Article XI. 6.1.g Facilities and Services. The County shall provide facilities and services pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and Waste Management plan as adopted and County Solid Waste stream forecasts. 6.1.h Financial Policies. The County will maintain financial policies to guide the System's operations and investments. The policies shall be consistent with this Agreement and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership and use, and other financial issues. The County shall primarily use long term bonds to finance transfer System improvements. The policies shall be developed and/or revised through -lo - discussion with MSWAC, the Regional Policy Committee, the County Executive and the County Council. Such policies shall be codified at the same time as the Comprehensive Plan updates, but may be adopted from time to time as appropriate outside the Comprehensive Plan process. 6.2 City 6.2.a Collection. The City, an entity designated by the City or such other entity as is authorized by state law shall serve as operating authority for Solid Waste collection services provided within the City's corporate limits. 6.2.b Disposal. The City shall cause to be delivered to the County's System for Disposal all such Solid Waste and Moderate Risk Waste which is authorized to be delivered to the System in accordance with all applicable Federal, State and local environmental health laws, rules or regulations and is generated and/or collected within the corporate limits of the City and shall authorize the County to designate Disposal sites for the Disposal of all such Solid Waste and Moderate Risk Waste generated or collected within the corporate limits of the City, except for Solid Waste which is eliminated through Waste Prevention or waste Recycling activities consistent with the Comprehensive Solid Waste Management Plan. No Solid Waste generated or collected within the City may be Diverted from the designated Disposal sites without County approval. 6.3 JOINT RESPONSIBILITIES. 6.3.a Consistent with the Parties' overall commitment to ongoing communication and coordination, the Parties will endeavor to notify and coordinate with each other on the development of any City or County plan, facility, contract, dispute, or other Solid Waste issue that could have potential significant impacts on the County, the System, or the City or Cities. - 11 - 6.3.b The Parties, together with other Cities, will coordinate on the development of emergency plans related to Solid Waste, including but not limited to debris management. VII. COUNTY SHALL SET DISPOSAL RATES AND OPERATING RULES FOR DISPOSAL: USE OF SYSTEM REVENUES 7.1 In establishing Disposal Rates for System Users, the County shall consult with MSWAC consistent with Section IX. The County may adopt and amend by ordinance rates necessary to recover all costs of the System including but not limited to operations and maintenance, costs for handling, processing and Disposal of Solid Waste, siting, design and construction of facility upgrades or new facilities, Recycling, education and mitigation, planning, Waste Prevention, reserve funds, financing, defense and payment of claims, insurance, System liabilities including environmental releases, monitoring and closure of landfills which are or were operated by the County, property acquisition, grants to cities, and administrative functions necessary to support the System and Solid Waste handling services during emergencies as established by local, state and federal agencies or for any other lawful solid waste purpose, and in accordance with chapter 43.09.2 10 RCW. Revenues from Disposal rates shall be used only for such purposes. The County shall establish classes of customers for Solid Waste management services and by ordinance shall establish rates for classes of customers. 7.2. It is understood and agreed that System costs include payments to the County general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance with this Section 7.2, and that such rental payments shall be established based on use valuations provided to the County by an independent -third party Member, Appraisal Institute (MAI) certified appraiser selected by the County in consultation with MSWAC. - 12 - 7.2.a A use valuation shall be prepared consistent with MAI accepted principles for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for Disposal of Solid Waste over a specified period of time (the valuation period). The County shall establish a schedule of annual use charges for the System's use of the Cedar Hills Landfill which shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use charges, the County shall seek review and comment as to both the use valuation and the proposed payment schedule from MSWAC. Upon request, the County will share with and explain to MSWAC the information the appraiser requests for purposes of developing the appraiser's recommendation. 7.2.b Use valuations and the underlying schedule of use charges shall be updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill Site Development Plan; in that event, an updated appraisal will be performed in compliance with MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be applied beginning in the subsequent rate period. 7.2.c The County general fund shall not charge use fees or receive other consideration from the System for the System's use of any transfer station property in use as of the effective date of this Agreement. The County further agrees that the County general fund may not receive payments from the System for use of assets to the extent those assets are acquired with System revenues. As required by chapter 43.09.2 10 RCW, the System's use of assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds) - 13 - will be subject to use charges; similarly, the System will charge other County funds for use of System property. VIII. LIABILITY 8.1 Non - Environmental Liability sing Out -of- County Operations. Except as provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the City and shall have the right and duty to defend the City through the County's attorneys against any and all claims arising out of the County's operations during the term of this Agreement and settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In providing such defense of the City, the County shall exercise good faith in such defense or settlement so as to protect the City's interest. For purposes of this Section "claims arising out of the County's operations" shall mean claims arising out of the ownership, control, or maintenance of the System, but shall not include claims arising out of the City's operation of motor vehicles in connection with the System or other activities under the control of the City which may be incidental to the County's operation. The provisions of this Section shall not apply to claims arising out of the sole negligence or intentional acts of the City. The provisions of this Section shall survive for claims brought within three (3) years past the term of this Agreement established under Section III. 8.2 Cooperation. In the event the County acts to defend the City against a claim under Section 8. 1, the City shall cooperate with the County. 8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to City or County shall be deemed to include the officers, employees and agents of either Party, - 14 - acting within the scope of their authority. Transporters or generators of waste who are not officers or employees of the City or County are not included as agents of the City or County for purposes of this Section. 8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 8.5 Unacceptable Waste 8.5.a All waste generated or collected from within the corporate limits of the City which is delivered to the System for Disposal shall be in compliance with the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) (RCRA), chapters 70.95 and 70.105 RCW, King County Code Title 10, King County Board of Health Rules and Regulations, the Solid Waste Division operating rules, and all other Federal, State and local environmental health laws, rules or regulations that impose restrictions or requirements on the type of waste that may be delivered to the System, as they now exist or are hereafter adopted or amended. 8.5.b For purposes of this Agreement, the City shall be deemed to have complied with the requirements of Subsection 8.5.a if it has adopted an ordinance requiring waste delivered to the System for Disposal to meet the laws, rules, or regulations specified in Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the City from any obligation or liability it may have under the laws mentioned in Subsection 8.5.a arising out of the City's actions other than adopting, enforcing, or requiring compliance with said ordinance, such as liability, if any exists, of the City as a transporter or generator for improper transport or Disposal of regulated dangerous waste. Any environmental liability the City may have for - 15 - releases of pollutants or hazardous or dangerous substances or wastes to the environment is dealt with under Sections 8.6 and 8.7. 8.5.c The City shall hold harmless, indemnify and defend the County for any property damages or personal injury caused solely by the City's failure to adopt an ordinance under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the County shall cooperate with the City. 8.5.d The City shall make best efforts to include language in its contracts, franchise agreements, or licenses for the collection of Solid Waste within the City that allow for enforcement by the City against the collection contractor, franchisee or licensee for violations of the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall apply to the City's first collection contract, franchise, or license that becomes effective or is amended after the effective date of this Agreement. 8.5.d.i If waste is delivered to the System in violation of the laws, rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties' responsible for the violation and will work with those parties to correct the violation, consistent with applicable waste clearance and acceptance rules, permit obligations, and any other legal requirements. 8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and waste is determined by the County to have been generated or collected from within the corporate limits of the City, the County shall provide the City with written notice of the violation. Upon such notice, the City shall take immediate steps to remedy the violation and prevent similar future violations to the reasonable satisfaction of the County which may include but not be - 16 - limited to removing the waste and disposing of it in an approved facility; provided that nothing in this Subsection 8.5.d.ii shall obligate the City to handle regulated dangerous waste, as defined in WAC 173- 351- 200(1)(b)(i), and nothing in this Subsection shall relieve the City of any obligation it may have apart from this Agreement to handle regulated dangerous waste. If, in good faith, the City disagrees with the County regarding the violation, such dispute shall be resolved between the Parties using the Dispute Resolution process in Section XII or, if immediate action is required to avoid an imminent threat to public health, safety or the environment, in King County Superior Court. Each Party shall be responsible for its own attorneys' fees and costs. Failure of the City to take the steps requested by the County pending Superior Court resolution shall not be deemed a violation of this Agreement; provided, however, that this shall not release the City for damages or loss to the County arising out of the failure to take such steps if the Court finds a City violation of the requirements to comply with applicable laws set forth in Subsection 8.5.a. 8.6 Environmental Liability. 8.6.a Neither the County nor the City holds harmless or indemnifies the other with regard to any liability arising under 42 U.S.C. § 9601 -9675 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to chapter 70.105D RCW (MTCA) or as hereafter amended and any state legislation imposing liability for System- related cleanup of contaminated property from the release of pollutants or hazardous or dangerous substances and/or damages resulting from property contaminated from the release of pollutants or hazardous or dangerous substances (`Environmental Liabilities "). - 17 - 8.6.b Nothing in this Agreement is intended to create new Environmental Liability nor release any third -party from Environmental Liability. Rather, the intent is to protect the general funds of the Parties to this Agreement by ensuring that, consistent with best business practices, an adequate portion of Disposal Rates being collected from the System Users are set aside and accessible in a fair and equitable manner to pay the respective County and City's Environmental Liabilities. 8.6.c The purpose of this Subsection is to establish a protocol for the setting aside, and subsequent distribution of, Disposal Rates intended to pay for Envirommental Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the Parties' general funds. To do so, the County shall: 8.6.c.i Use Disposal Rates to obtain and maintain, to the extent commercially available under reasonable terms, insurance coverage for System- related Environmental Liability that names the City as an Additional Insured. The County shall establish the adequacy, amount and availability of such insurance in consultation with MSWAC. Any insurance policy in effect on the termination date of this Agreement with a term that extends past the termination date shall be maintained until the end of the policy term. 8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to help pay the Parties' Environmental Liabilities not already covered by System rates or insurance maintained under Subsection 8.6.6 above ( "Environmental Reserve Fund "). The County shall establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and consistent with the financial policies described in Article VI. The County shall retain the Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills Landfill (the "Retention Period "). During the Retention Period, the Environmental Reserve Fund - 18 - shall be used solely for the purposes for which it was established under this Agreement. Unless otherwise required by law, at the end of the Retention Period, the County and Cities shall agree as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law. 8.6.c.iii Pursue state or federal grant funds, such as grants from the Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173 -322 WAC, or other state or federal funds as may be available and appropriate to pay for or remediate such Environmental Liabilities. 8.6.d If the funds available under Subsections 8.6.c.i -iii are not adequate to completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the extent feasible and permitted by law, the County will establish a financial plan including a rate schedule to help pay for the County and City's remaining Environmental Liabilities in consultation with MSWAC. 8.6.e The County and the City shall act reasonably and quickly to utilize funds collected or set aside through the means specified in Subsections 8.6.6-iii and 8.6.d to conduct or finance response or clean-up activities in order to limit the County and City's exposure, or in order to comply with a consent decree, administrative or other legal order. The County shall notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii. 8.6.f In any federal or state regulatory proceeding, and in any action for contribution, money expended by the County from the funds established in Subsections 8.6.c.i -iii and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required - 19 - pursuant to a state or federal laws or regulations shall be considered by the Parties to have been expended on behalf and for the benefit of the County and the Cities. 8.6.g In the event that the funds established as specified in Subsections 8.6.c.i -iii and 8.6.d are insufficient to cover the entirety of the County and Cities' collective Environmental Liabilities, the funds described therein shall be equitably allocated between the County and Cities to satisfy their Environmental Liabilities. Factors to be considered in determining "equitably allocated" may include the size of each Party's System User base and the amount of rates paid by that System User base into the funds, and the amount of the Solid Waste generated by the Parties' respective System Users. Neither the County nor the Cities shall receive a benefit exceeding their Environmental Liabilities. 8.7 The County shall not charge or seek to recover from the City any costs or expenses for which the County indemnified the State of Washington in Exhibit A to the Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24, 1993, to the extent such costs are not included in System costs. IX. CITY ADVISORY COMMITTEE 9.1 There is hereby created an advisory committee comprised of representatives from cities, which shall be known as the Metropolitan Solid Waste Advisory Committee ( "MSWAC "). The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall elect a chair and vice -chair and shall adopt bylaws to guide its deliberations. The members of MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation from the County. -ao - 9.2 MSWAC is the forum through which the Parties together with other cities participating in the System intend to discuss and seek to resolve System issues and concerns. MSWAC shall assume the following advisory responsibilities: 9.2.a Advise the King County Council, the King County Executive, Solid Waste Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste management and planning; 9.2.b Consult with and advise the County on technical issues related to Solid Waste management and planning; 9.2.c Assist in the development of alternatives and recommendations for the Comprehensive Solid Waste Management Plan and other plans governing the future of the System, and facilitate a review and/or approval of the Comprehensive Solid Waste Management Plan by each jurisdiction; 9.2.d Assist in the development of proposed interlocal Agreements between King County and cities for planning, Waste Prevention and Recycling, and waste stream control; policies; 9.2.e Review and comment on Disposal Rate proposals and County financial 9.2.f Review and comment on status reports on Waste Prevention, Recycling, energy /resources recovery, and System operations with inter jurisdictional impact; 9.2.g Promote information exchange and interaction between waste generators, cities, recyclers, and the County with respect to its planned and operated Disposal Systems; 9.2.h Provide coordination opportunities among the Solid Waste Advisory Committee, the Regional Policy Committee, the County, cities, private waste haulers, and recyclers; - 21 - 9.2.i Assist cities in recognizing municipal Solid Waste responsibilities, including collection and Recycling, and effectively carrying out those responsibilities; and 9.2.j Provide input on such disputes as MSWAC deems appropriate. 9.3 The County shall assume the following responsibilities with respect to MSWAC; 9.3.a The County shall provide staff support to MSWAC; 9.3.b In consultation with the chair of MSWAC, the County shall notify all cities and their designated MSWAC representatives and alternates of the MSWAC meeting times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet the requirements of this Subsection; 9.3.c The County will consider and respond on a timely basis to questions and issues posed by MSWAC regarding the System, and will seek to resolve those issues in collaboration with the Cities. Such issues shall include but are not limited to development of efficient and accountable billing practices; and 9.3.d. The County shall provide all information and supporting documentation and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and functions described in Section 9.2. X. FORUM INTERLOCAL AGREEMENT 10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement and Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and between the City and County continue through June 30, 2028. After 2028 responsibilities assigned to the Forum shall be assigned to the Regional Policy Committee. The Parties agree that Solid Waste System policies and plans shall continue to be deemed regional countywide policies - 22 - and plans that shall be referred to the Regional Policy Committee for review consistent with King County Charter Section 270.30 and chapter 1.24 King County Code. XI. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN 11.1 King County is designated to prepare the Comprehensive Solid Waste Management Plan (Comprehensive Plan) and this plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to chapter 70.95.080(3) RCW. 11.2 The Comprehensive Plan shall be reviewed and any necessary revisions proposed. The County shall consult with MSWAC to determine when revisions are necessary. King County shall provide services and build facilities in accordance with the adopted Comprehensive Plan. 11.3 The Comprehensive Plans will promote Waste Prevention and Recycling in accordance with Washington State Solid Waste management priorities pursuant to chapter 70.95 RCW, at a minimum. 11.4. The Comprehensive Plans will be prepared in accordance with chapter 70.95 RCW and Solid Waste planning guidelines developed by the Department of Ecology. The plan shall include, but not be limited to: 11.4.a Descriptions of and policies regarding management practices and facilities required for handling all waste types; 11.4.b Schedules and responsibilities for implementing policies; 11.4.c Policies concerning waste reduction, Recycling, Energy and Resource Recovery, collection, transfer, long -haul transport, Disposal, enforcement and administration; and - 23 - 11.4.d Operational plan for the elements discussed in Item c above. 11.5 The cost of preparation by King County of the Comprehensive Plan will be considered a cost of the System and financed out of the rate base. 11.6 The Comprehensive Plans will be "adopted" within the meaning of this Agreement when the following has occurred: 11.6.a The Comprehensive Plan is approved by the King County Council; and 11.6.b The Comprehensive Plan is approved by cities representing three- quarters of the population of the incorporated population of jurisdictions that are parties to the Forum Interlocal Agreement. In calculating the three - quarters, the calculations shall consider only those incorporated jurisdictions taking formal action to approve or disapprove the Comprehensive Plan within 120 days of receipt of the Plan. The 120 -day time period shall begin to run from receipt by an incorporated jurisdiction of the Forum's recommendation on the Comprehensive Plan, or, if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from the Forum without recommendation. 11.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three - quarters of the cities acting on the Comprehensive Plan, and should King County and the cities be unable to resolve their disagreement, then the Comprehensive Plan shall be referred to the State Department of Ecology and the State Department of Ecology will resolve any disputes regarding Comprehensive Plan adoption and adequacy by approving or disapproving the Comprehensive Plan or any part thereof. 11.8 King County shall determine which cities are affected by any proposed amendment to the Comprehensive Plan. If any City disagrees with such determination, then the City can request that the Forum determine whether or not the City is affected. Such - 24 - determination shall be made by a two - thirds majority vote of all representative members of the Forum. 11.9 Should King County and the affected jurisdictions be unable to agree on amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the Department of Ecology to resolve any disputes regarding such amendments. 11.10 Should there be any impasse between the Parties regarding Comprehensive Plan adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall resolve said disputes. XII. MITIGATION 12.1 The County will design, construct and operate Solid Waste facilities in a manner to mitigate their impact on host Cities and neighboring communities pursuant to applicable law and regulations. 12.2 The Parties recognize that Solid Waste facilities are regional facilities. The County further recognizes that host Cities and neighboring communities may sustain impacts which can include but are not limited to local infrastructure, odor, traffic into and out of Solid Waste facilities, noise and litter. 12.3 Collaboration in Environmental Review. In the event the County is the sole or co- Lead Agency, then prior to making a threshold determination under the State Environmental Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any, and proposed SEPA threshold determination to any identifiable Host City (as defined below) and adjacent or neighboring city that is signatory to the Agreement and that may be affected by the - 25 - project ( "Neighboring City ") and seek their input. For any facility for which the County prepares an Environmental Impact Statement (EIS), the County will meet with any identified potential Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and appropriate methodologies and assumptions in preparing the analyses supporting the EIS. However, nothing in this Section shall limit or impair the County's ability to timely complete the environmental review process. 12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility is proposed to be built within the boundaries of the City ( "Host City ") and the project requires one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City, before submitting its first application for any of the project permits, the County will meet with the Host City and any Neighboring City, to seek input. However, nothing in this Section shall limit or impair the County's ability to timely submit applications for or receive permits, nor waive any permit processing or appeal timelines. 12.5 Separately, the County and the City recognize that in accordance with 36.58.080 RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a County -owned Solid Waste facility. The County acknowledges that such direct costs include wear and tear on infrastructure including roads. To the extent that the City establishes that such charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may only be expended only to mitigate such impacts and are System costs. If the City believes that it is entitled to mitigation under this Agreement, the City may request that the County undertake a technical analysis regarding the extent of impacts authorized for mitigation. Upon receiving_such a request, the County, in coordination with the City and any necessary technical consultants, will develop any analysis that is reasonable and appropriate to identify impacts. The cost for such MWAM analysis is a System cost. The City and County will work cooperatively to determine the appropriate mitigation payments and will document any agreement in a Memorandum of Agreement. If the City and the County cannot agree on mitigation payments, the dispute resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution process under Section XII of the Agreement. XIII. DISPUTE RESOLUTION 13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to disputes arising under this Agreement. 13.2 Initial Meeting. 13.2.a Either Party shall give notice to the other in writing of a dispute involving this Agreement. 13.2.b Within ten (10) business days of receiving or issuing such notice, the County shall send an email notice to all Cities. 13.2.c Within ten (10) business days of receiving the County's notice under Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in the Dispute Resolution process. 13.2.d Within not less than twenty -one (2 1) days nor more than thirty (30) days of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall schedule a time for staff from the County and any City requesting to participate in the dispute resolution process ( "Participating City ") to meet (the "initial meeting "). The County shall endeavor to set such initial meeting a time and place convenient to all Participating Cities and to the County. - 27 - 13.3 Executives' Meeting. 13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting, then within seven (7) days of expiration of the sixty (60) -day period, the County shall send an email notice to all Participating Cities that the dispute was not resolved and that a meeting of the County Executive, or his/her designee and the chief executive officer(s) of each Participating City, or the designees of each Participating City (an "executives' meeting ") shall be scheduled to attempt to resolve the dispute. It is provided, however, that the County and the Participating Cities may mutually agree to extend the sixty (60) -day period for an additional fifteen (15) days if they believe further progress may be made in resolving the dispute, in which case, the County's obligation to send its email notice to the Participating Cities under this Subsection that the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise, the County and the Participating Cities may mutually conclude prior to the expiration of the sixty (60) -day period that further progress is not likely in resolving the dispute at this level, in which case, the County shall send its email notice that the dispute was not resolved within seven (7) days of the date that the County and the Participating Cities mutually concluded that further progress is not likely in resolving the dispute. 13.3.b Within seven (7) days of receiving the County's notice under Subsection 13.3.a each Participating City shall notify the County in writing or email if it wishes to participate in the executives' meeting. 13.3.c Within not less than twenty -one (21) days nor more than thirty (30) days of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County shall schedule a time for the executives' meeting. The County shall endeavor to set such - 28 - executives' meeting a time and place convenient to all Participating Cities that provided notice under Subsection 13.3.b and to the County. 13.4. Non - Binding Mediation. 13.4.a If the dispute is not resolved within thirty (30) days of the executives' meeting, then any Participating City that was Party to the executives' meeting or the County may refer the matter to non - binding meditation by sending written notice within thirty -five (35) days of the initial executives' meeting to all Parties to such meeting. 13.4.b Within seven (7) days of receiving or issuing notice that a matter will be referred to non - binding mediation, the County shall send an email notice to all Participating Cities that provided notice under Subsection 13.3.b informing them of the referral. 13.4.c Within seven (7) days of receiving the County's notice under Subsection 13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the non - binding mediation. 13.4.d The mediator will be selected in the following manner: The City(ies) electing to participate in the mediation shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two mediators shall select a third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the mediation and the County may agree to select a mediator through a mediation service mutually acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by the mediator or mediation service. For purposes of allocating costs of the mediator or mediation service, all Cities participating in the mediation will be considered one Party. 13.5 Superior Court. Any Party, after participating in the non - binding mediation, may commence an action in King County Superior Court after one hundred eighty (180) days from - 29 - the commencement of the mediation, in order to resolve an issue that has not by then been resolved through non - binding mediation, unless all Parties to the mediation agree to an earlier date for ending the mediation. 13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that they may not seek relief under this Agreement in a court of law or equity unless and until each of the procedural steps set forth in this Section XIII have been exhausted, provided, that if any applicable statute of limitations will or may run during the time that may be required to exhaust the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by the court, they will seek a stay of any such suit while the Dispute Resolution process is completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to dismiss the lawsuit, including all claims, counterclaims, and cross - claims, with prejudice and without costs to any Party. XIV. FORCE MAJEURE The Parties are not liable for failure to perform pursuant to the terms of this Agreement when failure to perform was due to an unforeseeable event beyond the control of either Party ( "force majeure "). The term "force majeure" shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, or labor disputes, causing the inability to perform the requirements of this Agreement, if either Party is rendered unable, wholly or in part, by a force majeure event to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to - 30 - the other Party, such obligation or condition shall be suspended only for the time and to the extent practicable to restore normal operations. XV. MERGER This Agreement merges and supersedes all prior negotiations, representation and/or agreements between the Parties relating to the subject matter of this Agreement and constitutes the entire contract between the Parties [except with regard to the provisions of the Forum Interlocal Agreement]; provided that nothing in Section XV supersedes or amends any indemnification obligation that may be in effect pursuant to a contract between the Parties other than the Original Agreement; and further provided that nothing in this Agreement supersedes, amends or modifies in any way any permit or approval applicable to the System or the County's operation of the System within the jurisdiction of the City. XVI. WAIVER No waiver by either Party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or a different provision of this Agreement. XVII. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or person except those expressly described herein, and no other such person or entity shall be entitled to be treated as a third -party beneficiary of this Agreement. - 31 - XVIII. SURVIVABILITY Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d, no obligations in this Agreement survive past the expiration date as established in Section III. - 32 - XIX. NOTICE Except as otherwise provided in this Agreement, a notice required to be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested or by personal service to the following person: For the City: Attn: Public Works Director City of Federal Way 33325 8th Ave. South Federal Way, WA 98003 For the County: Pat D. McLaughlin, Director King County Solid Waste Division 201 South Jackson Street, Suite 701 Seattle, Washington 98104 IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date set forth below: CITY of FEDERAL WAY — Z'� /11_��� (Mayor /Ci (y Manager) 4liqlAo Date Man Clerk -Attest Approved as to form and legality City Attorney ti Date KING C Y King ,C . ty Execu C�.r�stst. -ML-c. ZD Date Clerk -Attest Approved as to form and legality - 33 - King County Deputy rosecuting Attorney Date .. ~, (J; CJD.- / ~ ß . It ADDENDUM to SOLID WASTE INTERLOCAL AGREEMENT and FORUM INTERLOCAL AGREEMENT This Addendum is entered into between King County, a political subdivision of the State of Washington and the City of Federal Way, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively, who have previously executed interlocal agreements for solid waste management and the Solid Waste Interlocal Forum. This Addendum has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature pages. PREAMBLE The County and the City have executed a Solid Waste rnterlocal Agreement and a Forum Interlocal Agreement (hereinafter called "the Agreements") effective February 28, 1990, in which the respective responsibilities of the parties for solid waste management and establishment of a Solid Waste Interlocal Forum ("the Forum") have been designated. Since the date of execution of the Agreements, the Regional Governance Summit of elected officials representing the County and the Cities proposed, and the voters adopted, King County Charter amendments which established a minimum of three regional policy committees of the King County Council. These committees, which were modeled after the Solid Waste Interlocal Forum, are comprised of a mix of representatives of suburban cities and Seattle as well as King County Councilmembers. One of the three, - 1 - {"",\ r"'; '\' (",", ! r ¡ "'" . ¡ ) I" !., .¡ \ t , \..,,' i\ ¡ ',,} í ¡ \¡. .. L- '. 8 8 Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement the Regional Policy Committee, has been deemed to meet the characteristics of membership, staffing and relationships to the parties to the Agreements which were intended for the Forum. Motion 9297, the King County Council has expressed its intent By that the Regional Policy Committee of the King County Council be designated as the successor to the Solid Waste Interlocal Forum and serve the purposes of the Forum described in the Agreements to which this document is an Addendum. This intent was also expressed by the suburban cities in Resolution 1 adopted by the Suburban Cities Association on June 16, 1993. I. PURPOSE The purpose of this Addendum is to designate the Regional Policy Committee of the King County Council, which was established by the King County Charter amendment approved by the voters on November 2, 1992, as the designated Forum pursuant to the Agreements. II. DEFINITIONS For purposes of this Addendum, the definitions established in the Agreements shall apply. III. FORUM The Regional Policy Committee of the King County Council shall be established as the designated Interlocal Forum pursuant to the Agreements. Effective immediately, the Regional Policy Committee shall assume the responsibilities for the designated - 2 - .. 8 8 Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement Interlocal Forum which are defined in the Agreements. and conditions specified in the Agreements by which the parties The terms shall discuss and/or determine policy and development of a Comprehensive Solid Waste Management Plan as shall apply to the parties and to the Regional Policy Committee, below. except as specified A. Section VI. MEMBERSHIP, of the Solid Waste Interlocal Forum Agreement is hereby repealed. Membership of the Regional Policy Committee shall be as specified in the King County Charter as follows: "270.20. Composition of regional committees. "Each regional committee shall consist of twelve voting members. Six members shall be metropolitan county councilmembers appointed by the chair of the council, and shall include councilmembers from districts with unincorporated residents. The remaining six members of each committee except the water quality committee shall be local elected city officials appointed from and in proportion to the relative populations of: (i) the city with the largest population in the county and (ii) the other cities and towns in the county. Committee members from the city with the largest population in the county shall be appointed by the legislative authority of that city. Committee members from the other cities and towns in the county shall be appointed in a manner agreed to by and among those cities and towns representing a majority of the populations of such cities and towns, provided, however, that such cities and towns may appoint two representatives for each allocated committee membership, each with fractional (1/2) voting rights. "... Allocation of membership of each committee's members who are city and town representatives shall be adjusted January 1 of each even-numbered year beginning in 1996 based upon current census information or, if more recent, official state office of financial management population statistics. "In the event any areas are annexed pursuant to powers granted to metropolitan municipal corporations under state law, the populations of any cities and towns in such annexed areas shall be considered as if they were within the county for purposes in this section with regard to regional committee participation on policies and plans which would be effective in such annexed areas." - 3 .' .. 8 8 -, Addendum to Solid Waste lnterlocal Agreement and Forum Interlocal Agreement B. Section VII, MEETINGS, of the Solid Waste Interlocal Forum Agreement is hereby repealed. Unless otherwise provided, the rules and procedures of the Metropolitan King County Council adopted by ordinance shall govern all procedural matters related to the business of the Forum. C. Section VIII, BYLAWS, of the Solid Waste lnterlocal Forum Agreement is hereby repealed. D. Section IX, STAFFING AND OTHER SUPPORT, of the Solid Waste Interlocal Forum Agreement is hereby repealed. IV. SOLID WASTE ADVISORY COMMITTEE The King County Solid Waste Advisory Committee formed pursuant to RCW 70.95.165 shall continue pursuant to its statutory functions and, in addition, shall advise the Forum on solid waste matters. V. DURATION This Addendum shall become effective on the date of execution and shall remain in effect through June 3D, 2028. - 4 - . . .. . ;. Addendum to Solid Waste rnterlocal Agreement and Forum Interlocal Agreement VI. . NOTICE IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below: CITY OF FEDERAL WAY ~ß~-J/ ,/ZJ7 Mayor ~~ß¿. Date Pursuant to Resolution No .7t~"';¿,,~2,3 C~' t' :' > / ~ ~d./. ,~ Approved as to form and legality -~ ~ tor:ey- ~-,. .' -'-"'-~ ----'" //d1.1Š- Date :kb \admin\ila\modilafw.doc - 5 - KING COUNTY ~~d#- King County Executt e ¥~ /r¡j, Date I Pursuant to Motion No. Clerk - Attest Approved as to form and legality King County Deputy Prosecuting Attorney Date '..' \;. . , ~' " 8 8 So J:d tv as ¡,"-- F""..;: n .,'" FORUM INTERLOCAL AGREEMENT C/J@ 9ð - /9(cz..) '. This Agreement is entered into between King County, a political subdivision of the State of Washington. the City of Seattle, and the cities and towns set forth below. all municipal corporations located within the boundaries of King County, hereinafter referred to as "County" and "Cities". This Agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated on the signature pages. 1. PREAMBLE This Agreement ~S entered into for the purposes of establishing a Forum composed of ' representatives from the Cities and the County that will consider issues of policy regardlng terms and conditions of the Solid Waste lnterlocal AgreemeAt entered into individually between each City and the County. II. PURPOSE The purpose of this Agreement is to establish the Forum and the terms and conditions by which the parties shall discuss and/or determine policy and development of a Comprehensive Solid Waste Management Plan. II I. DURATION This Agreement shall become effective on Feb, 28, 1990and shall remain in effect through June 30, 2028. - 1 - ORIGINAL ,'~, ,,' ", 8 8 IV. APPROVAL This Agreement shall be submi~ted to the Washington State Department of Ecology for its approvai as to all matters within the Department's statutory jurisdiction, if any. This Agreement shall be filed with each City Clerk. with the Clerk of the King County Council, and the Secretary of State of the State of Washington. v. SCOPE OF RESPONSIBILITIES The scope of the respons1bilities of the Forum is as follows: 1. Advise the King C:~nry Council, the King County Executive and other jurisdictions as aoproprlate. on all policy aspects of solid waste management and plannlng. 2. Consult with and advise King County Solid Waste Division on technical issues related to solid waste management and planning. 3. Review and comment on alternatives and recommendations for King County comprehensive solid waste management plan and facilitate a review and/or approval of the plan by each jurisdiction. 4. Review subsequent proposed interlocal agreements between King County and Cities for planning, waste recycling and reduction, and waste stream control. 5. Review and comment on disposal rate proposals. - 2 - , " 8 8 ,. '..: 6. Review and comment on status reports on waste stream reduction, recycling, energy/resource recovery and solid waste operations with interjurisdictional impact. 7. Promote information excnange and interaction between waste generators, local government with ::llection authority, recyclers and County planned and operated disposal :jstems. 8. Provide coordinatiç~ ~::ortunities between King County Solid Waste Division, Cities, ;~1~a:e operators and recyclers. 9. Aid Cities in recoçn':'ng municipal solid waste responsibilities, including collection and recycling, and effectively carrying out those responsibilities. VI. MEMBERSHIP 6.1 The Forum shall consist of a 12 member group of representatives of unincorporated King County aesignated by the King County Council, representatives of the City of Seattle designated by the City of Seattle, and representatives of other incorporated cities and towns within King County that are signators to this agreement designated by the Suburban Cities Association. Members of the Forum shall be established on the most current population estimates as published by the Washington office of Financial Management. - 3 . , ,-;, 8 8. Currently, unincorporated King County composes 41 percent; Seattle, 36 percent: and Suburban Cities, 23 percent of the total population. The' calculations are determined as follows: Members Unincorporated King County 12 x 41% '" 4.92 Seattle 12 x 36% = 4.32 Suburbs 12 x 23% '" 2.76 Tota 1 5 4 l 12 + Chair 6.2 In calculating the number of representatives on the Forum, all numbers .5 and greater are to be rounded up to the nearest whole number. Proportional representation of the Forum will be reviewed once every five years during the life of this agreement and necessary revisions shall be made to the proportional representation according to the formula set forth above based on population change as established by the most current census. 6.3 In addition to the 12 members of the Forum, a citizen chair shall be selected or removed by a majority vote of all members of the Forum. Each representative shall have an equal vote on all Forum decisions. shall vote only in the case of a tie on any vote of the Forum. The Chair VII. MEETINGS Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters related to the business of the Forum. There shall be a minimum of two meetings each year and not less than 14 days written notice shall be given to members prior to such meeting. Four or more members or the - 4 - , ' . 8 8 , .~~ Chair may declare an emergency meeting with 24 hours written notice to the members. The first meeting shall be held no later than March 1, 1988, and the time, date and location shall be set by King County after consultation with tne representatives of Seattle and the other cities and towns. VIII. BYLAWS 8.1 The Forum shall, wlthin sixty days after its first meeting, adopt bylaws for the operation of the Forum. Such bylaws shall recognize that this Forum shall function in the cìace of the Puget Sound Council of Governments Committee on Solid Waste and the Sol id Waste Management Board of the King Sub-regional Council. This Interloca; =orum shall not report to nor have responsibilities to or for either commlt:ee or council. The King County Solid Waste Advisory Committee formed pursuant to RCW 70.95.165 shall continue pursuant to its statutory functions and, in addition, shall advise the Forum on solid waste matters. 3.2 The bylaws shall provide, among other things, that the Forum shall make an annual written report to the public, and the parties to this Agreement on Forum activities and the status of the solid waste systems in King County. bylaws may also provide for such other reports as deemed necessary. The 8.3 The bylaws shall also provide for the manner in which the Forum will provide its consultative and participatory advice regarding the solid waste management plan. - 5 - : ~~ <.'.' 8 - IX. STAFFING AND OTHER SUPPORT .. 'Staffing, supplies and equipment for the Forum shall b~ supplied by and through the Puget Souna Council of Governments, its successor, or other entity. Reimbursement to the Puget Sound Council of Governments for such staffing, supplies and equipment shall be agreed upon and paid by King County from monies collected from the solid waste rates and charges, after considering recommendations by the Forum to King County. The Forum shall submit an appropriation request tJ the County by May 31 of each year or such other ", mutually agreed upon ca:2, King County may, subject to approval by a two-thirds vote of all :cnst~tuted representatives of the Forum, terminate the staffing with Puget SOU~~ ~~Jncil of Governments and provide such staffing, supplies and equipment :y other means. X. FORCE MAJEURE The parties are not 1 iable for failure to perform pursuant to the terms of this Agreement when failure to perform was due to an unforeseeable event beyond the control of any party to this agreement. XI. MERGER This Agreement merges and supersedes all prior negotiation, representation and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties except with regard to the provisions of the Solid Waste Interlocal Agreement. - 6 - . -." "/' " " " .. 8 8 ItJAIVER XI!. No waiver by either party of any term or condition of this Agreement shall be deemed or construed to constit'ute a waiver of any other term or condition or any subsequent breach, whether of the same or a different provision of this Agreement, XIII. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or per~cn. ¿xceot those expressly described herein, and no other such person or e~t~:. snall be entitled to be treated as a third party beneficiary of this ~Cíe~~e~t. XIV. SEVERABI LITY If any of the provISIons contained in this Agreement are held illegal, invalid or unenforceable. the remaining provisions shall remain in full force and effect. - 7 - r 8 . IN WITNESS WHEREOF, this Agreement has been executed by each party on the , date set forth below, pursuant to the legislative action set forth below, ; ";: ..;"" CITY KING COUNTY ~~ King County Executive 4 ,,/""'" . /.. ,/.<;.~;J;;~~-:~ ,/>~/ ,/:::';=~~.:.--:)~::~;:;,:~:.~::-.o' itayo-r Yy\ (~ ~\ 6. J "*' C ,//. .O~) ~ qð Date 1 Date Pursuant to Ordinance No. Pursuant to Ordinance No. ~VÆ/ cl, C erK-Attest ~4¿ Approved as to form and legality Clerk-Attest Approved as to form and legality .~ ~JI it!- King County Deputy Prosecuting Attorney Date S(r3¿Ç () d Þ7/9cJ , Date 3269L-14l - 8 - \ J ,'. \ ~ i, ' t ~ . , n" ~~(~9õ 8 ~.~¿. '... d?"'.I.;; ..~.' . /.Z¿. 67.'.""" ' , "yd ~~ / ~S 70.-3/- . .otffJ f ()- ;;2;P ~{}~(Aß- tJfJ¡J 1D-blo I~ /3 /~ /5- IrP (7 (F ".i<.'....¡~.'...........' ;. t: -'l'f-"'- {I' , Ie¡ dJ cP:5 c:::? S'- e9fo 5;;2, ... -"'. .;',: ,'. ,- " ... . -PEDERAL WAY CITY 8UNC IL SPECIAL MEETING 1/23/90 . . ~' . . -. : .. QLD BUSINESS COMMITTEE REPORTS (cant.) Land Use & Trans- portation Committee Vesting ßtatus of Projects in Process Human Serv ic e s Committee to meet with Parks & Rec. Committee, 2/7/90 at 7:30 a.m. Budget Committee Meeting 1/25/90 7 :30 a.m. Budget Adoption set for 2/6/90 Human Serv ic e s Committee - No Meeting 2/1/90 Will meet 2/7/90 . ::,: Eu bi ic Serv ic e s Committee 8 Interloca1 Agreements completed Meeting at 1:00 a.m. due to AWe meeting 1. Campus Crest Multi-Family Project, South side of Campus Way. 2. Campus Highlands Multi-Family Project, South side of Campus Way. 3.Kits'Corner Apartments, 356th/Enchanted Parkway 4. Campus Park Business Plat 5. Palisades Plaza, 320th and Hoyt Road Report back to Council was requested. Funding for consultant to continue under present budgetary allocation. Cótirt~Il~ari Màtks~eàlrêd attention to development at 7th and 323rd near wetlands area, much concern by residents of that area expressed. (Campus Ridge) This not under review at present but may be considered as study proceeds. PENDING MOTION CARRIED TO RETAIN CONSULTANT AND INVESTIGATE VESTING STATUS. Councilmember Templeton, Chairman of the Human Services Committee, reported joint meeting on 2/7/90 at 7:30 a.m. with the Parks & Recreation Committee to discuss vision for the future Senior Center, Yvonne Sullivan, Director of the center to be present. Also, a Draft Inter- local Agreement with the Community Development Block Grant Office of King County is approved and ready for execution by the City Manager. The Committee plans include a Citizens Advisory Committee. Counci1member Gates, Chairman of the Budget, Finance and Insurance Committee, announced a meeting on Thursday, January 25, at 7:30 a.m. to review council committee and public budget requests. Budget adoption set for 2//3/90. The committee will also review an Ordinance creating budgetary funds. It was noted the gambling taxation ordinance does not create new tax but transfers funds co1leeted by King County to Federal Way. Counci1member Templeton, Chairman, Human Services Committee, announced regular meeting of 2/1/90 cancelled and 2/7/90 meeting, 7:30am set in lieu thereof. Counci1member Marks, Chairman, Public Sepvices Committee, reported eight Interlocal A~reements have been approved with King County, C1ty Manager Locke commended for tr~mendous efforts in correlating the contEact documents: Meeting ~as set for 1/26/90 ~t };OO a.m. to dlSCUSS PuElic Works and Pol1ce Contracts. ..11- . \ '~EDERAL WAY CITY tUNCIL SPECIAL MEETING 1/23/90 OLD BUSINESS COMMITTEE REPORTS (cont.) Public Services .' Committee - Inter- local Agreements with King County ~e.rsonne;l a,nd :Pac:U it :Les Com.~ttae- Meeting 1/24/90~ ]:30 a.m. Salary Schedule and Organizational Chart completed Larger facility needed to house personnel Parks, Recreation and Cultural Arts Committee - Meeting 2/7/90, 7:30 a.m. re Sr. Center program- also acquisition of airport property Open Space Projects 363rd Project Hylebos wetlands Spring Valley Adelaide/Lakoda Beach Properties . -, . Councilmember Marks, Chairman, Public Services Committee submitted Tnter~ . local Agreements ready for execution. MOVED BY MARKS, SECONDED BY TEMPLETON, TO AUTHORIZE CITY MANAGER AL LOCKE TO ENTER INTO INTERLOCAL CONTRACT AGREEMENTS WITH KING COUNTY AS FOLLOWS: (1) Health Services (2) Federal Way District Court, including Violations BuJieau, (3) Jail Services, (4) Community Development Bleck Grant Services, "C5l S'òlia Waste Services;~ (6) Animal Control, D) Taxi Licensing and ~l Security Suard Licensing. MOTION CARRIED. Councilmember Stead, Chairman of the Per- sonnel and Facilities Committee, reported the committee has firmed up the salary schedulE and organizational chart and will meet again on 1/24/90 at ]~30 a.m. to look at additional facilities that may be required in view of projections that the present facility will not accommodate staff within the next 1-3 months. Alternatives will be explored with report back to council. Counci1member Webster, Chairman of th~Parks, Recreation and Cultural Arts Commi~tee, announced meeting 2/7/90 a~ ]:30 a.m. witn the Human Services Committee to discuss the Senior Citizen Center Program and potential ways to acquire property known as the Evergreen Airport property, for public use. Chairman Webster advised that King County has five projects resulting from the Open Space Bond Issue. One is the 363rd project being acquired by the staff of Open Space Office per our request; the two projects relating to the Hy1ebos wetlands are going to be acquired by the Washington State Parks and Recreation staff as soon as the legal documents are completed 1ea~ing to additional projects, Spring Valley and Adelaide/Lakota which are the responsibility of the City. MOVED BY WEBSTER, SECONDED BY HANDMACHER, THE CITY ADMINISTRATION BE AUTHORIZED TO EXPEND UP TO $15,000.00 FROM- THE COUNCIL CONTINGENCY'-FOR TITLE REPORTS AND APPRAISALS ON THOSE TWO PROPERTIES KNOWN AS ADELAIDE- LAKOTA PROJECTS. CARRIED. (Bond issue will reimburse the City.) - 1 ') - -,;:' ." ' . . C! /l &- c;'ô-IF , " ,- . Solid Waste Interloeal Agreement This Agreement is entered into between King County, a p01itical subdivision of the State of Washington and the City of Federal Way , a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated below: King County: Motion No. 7143 City: c, ~ \ :(; 'h ('~ () '-'I ) '~j ì Lt (î' G PREAMBLE This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of cooperative management of solid waste in King County. It is the intent of the parties to work cooperatively in establishing a solid waste management plan pursuant to Chapter 70.95 and with emphasis on the established priorities for solid waste management of waste reduction, waste recycling, energy recovery or incineration, and landfilling. The parties particularly support waste reduction and recycling and shall cooperate to achieve the goals established by the comprehensive solid waste management plan. The parties acknowledge their intent to meet or sur-pass applicable environmental standards with regard to the solid waste system. The parties agree that equivalent customer classes should receive equivalent basic services. -I. ORIGINAL . . I. DEFINITIONS .. , . , For purposes of this Agreement the following definitions shall apply: "Basic Services" means services provided by the King County Department of Public Works, Solid Waste Division, including the management and handling of solid waste. "Comprehensive Solid Waste Management Plan" means the comprehensive plan for solid waste management as required by RCW 70.95.080. "Designated Interlocal Forum" means a group formed pursuant to the Forum Interlocal Agreement comprised of representatives of unincorporated King County designated by the King County Council, representatives of the City of Seattle designated by the City of Seattle, and representatives of other incorporated cities and towns within King County that are signators to the Forum Interlocal Agreement. "Disposal" means the final treatment, utilization, processing, deposition, or incineration of solid waste but shall not include waste reduction or waste recycling as defined herein. "Diversion" means the directing or permitting the directing of solid waste to disposal sites other than the disposal site designated by King County. "Energy/Resource Recovery" means lithe recovery of energy in a usable form from mass burning or refuse derived fuel incineration, pyrolysis of any other means .2. , . 8 . of using the heat of combustion of solid waste that involves high temperature (above 1,200 degrees F) processing." (WAC 173-304-100). "Moderate Risk Waste" means" (a) any waste that exhibi ts any of the characteristics of hazardous waste but is exempt from regulation under this chapter solely because the waste is generated in quantities below the threshold for regulation and (b) any household wastes which are generated from the disposal of substances identified by the department as hazardous household substances." (RCW 70.105.010) "Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes, including but not limited to garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, and discarded commodities but shall not include dangerous, hazardous or extremely hazardous waste. "System" means King County's system of solid waste transfer stations, rural and regional landfills, energy/resource recovery and processing facilities as authorized by RCW 36.58.040, and as established pursuant to the approved King County Comprehensive Solid Waste Management Plan. "Waste Recycling" means "reusing waste materials and extracting valuable materials from a waste stream." (RCW 70.95.030) "Waste Reduction" means reducing the amount or type of was~e generated but shall not include reduction through energy recovery or incineration. -3- 8 8 , , -landfill" means "a disposal facility or part of a facility at which waste is placed in or on land and which is not a land treatment facility." (RCW 70.95.030) II. PURPOSE The purpose of this Agreement is to establish the respective responsibility of the parties in a solid waste management system which includes, but is not limited to: Pl.nning, waste reduction, recycling, and disposal of mixed municipal solid waste, industrial waste, demolition debris and all other waste defined as solid waste by RCW 70.95.030, and moderate risk waste as defined in RCW 70,IOS.OIO. II I. DURATION This Agreement shall become effective on February 28. 1990, and shall rerlain in effect through June 30. 2028. IV. APPROVAL This Agreement shall be submitted to the Washington State Department of Ecology for its approval as to all matters within its jurisdiction. This Agreement shall be filed with the City Clerk, with the Clerk of the King County Council and with the Secretary of State of the State of Washington. -4- , ' 8 V. REVIEW AND RENEGOTIAA , . 5.1 Either party may request review and/or renegotiation of any provision of this Agreement other than those specified in Section 5.2 below during the six-month period immediately preceding the fifth anniversary of the effective date of this Agreement and during the six month period immediately preceding each succeeding fifth year anniversary thereafter. Such request must be in writing and must specify the provision(s) of the Agreement for which review/renegotiation is requested. Review and/or renegotiation pursuant to such written request shall be initiated within thirty days of said receipt. 5.2 Review and/or renegotiation shall not include the issues of system rates and charges, waste stream control or diversion unless agreed by both parties. 5.3 In the event the parties are not able to mutually and satisfactorily resolve the issues set forth in said request within six months from the date of receipt of said request, either party may unilaterally request the Forum to review the issues presented and issue a written recommendation within ninety days of receipt of said request by the Forum. Review of said request shall be pursuant to the procedures set forth in the Interlocal Agreement creating the Forum and pursuant to the Forum's bylaws. The written decision of the Forum shall be advisory to the parties. 5.4 Notwithstanding any other provision in this paragraph to the contrary, the parties may, pursuant to mutual agreement, modify or amend any provision of this Agreement at any time during the term of said Agreement. -5- 4IÞ VI. GENERAL OBLIGATION OF ~IES , T , , 6.1 KING COUNTY a. Manaaement. King County agrees to provide county-wide solid waste management services for waste generated and collected within jurisdictions party to this Agreement. The County agrees to dispose of or designate disposal sites for all solid waste including moderate risk waste generated and/or collected within the corporate limits of the City which is delivered to King County in accordance with all applicable federal, state and local environmental health laws, rules, or regulations. b. Plannino. King County shall serve as the planning authority within King County for solid waste including moderate risk waste but shall not be responsible for planning for hazardous or dangerous waste or any other planning responsibility that is specifically designated by State or Federal statute. c. Ooeration. King County shall be or shall designate or authorize the operating authority for transfer, processing and disposal facilities, including public landfills, waste reduction or recycling facilities and energy resource recovery facilities as well as closure and post-closure responsibilities for landfills which are or were operated by King County. d. Collection Service. King County shall not provide solid waste collection services within the corporate limits of the City, unless permitted by law and agreed to by both parties. -6- . . 8 e. Succort and Ass,stance. 8 King County shall provf~e support and technical assistance to the City if the City seeks to establish a waste reduction and recycling program compatible with the County waste reduction and recycling plan. The County shall develop educational materials related to waste reduction and recycling and strategies for maximizing the usefulness of the materials and will make these available to the City for its use. Although, the County will not be required to provide a particular level of support or fund any City activities related to waste reduction and recycling, King County intends to move forward aggressively to establish waste reduction and recycling programs. f. Forecast. The County shall develop waste stream forecasts as part of the comprehensive planning process and assumes all risks related to facility sizing based upon such forecasts. g. Facilities and Services. County facilities and services including waste reduction and recycling shall be provided pursuant to the comprehensive solid waste plan. All personal and real property acquired by King County for solid waste management system purposes shall be the property of King County. 6 . 2 C ITV a. Collection. The City, an entity designated by the City or such other entity as is authorized by state law shall serve as operating authority for solid waste collection services provided within the City's corporate limits. b. QjsDosal. The City shall by ordinance designate the County disposal system for the disposal of all solid waste including moderate risk waste generated -7- and/or 'col1etted w4lfin the corporate limits of th1ltity and shall' author1~~ the County to designate disposal sites for the disposal of all solid waste including moderate risk waste generated or collected within the corporate limits of the City, except for solid waste which is eliminated through waste reduction or waste recycling activities consistent with the Comprehensive Solid Waste Management Plan. No solid waste generated or collected within the City may be diverted from the designated disposal sites without County approval. VII. COUNTY SHALL SET DISPOSAL RATES AND OPERATING RULES FOR DISPOSAL In establishing or amending disposal rates for system users, the County may adopt and amend by ordinance rates necessary to recover all costs of operation including the costs of handling, processing, disposal, defense and payment of claims, capital improvements, operational improvements and the closure of landfills which are or were operated by King County. King County shall establish classes of service for basic solid waste management services and by ordinance shall establish rates for users of each class. VIII. LIABILITY 8.1 Except as provided herein, the County shall indemnify and hold harmless the City and shall have the right and duty to defend the City through the County's attorneys against any and all claims arising out of the County's operations and to settle such claims, recognizing that all costs incurred by the County thereby are system costs which must be satisfied from disposal rates as provided in section VII herein. In providing such defense of the City, the -8. . . County shall exer~e good faith in such defense ~sett1~ment so as to protect the City's interest. For purposes of this section "claims arising out of the county's operations" shall include claims arising out of the ownership, control, or maintenance of the system, but shall not include claims arising out of the City's operation of motor vehicles in connection with the system or other activities under the control of the City which may be incidental to the County's operation. 8.2 If the County is not negligent, the City shall hold harmless, indemnify and defend the County for any property damages or personal injury solely caused by the City's negligent failure to comply with the provisions of Section 8.5.a. 8.3 In the event the County acts to defend the City against a claim, the City shall cooperate with the County. In the event the City acts to defend the County, the County shall cooperate with the City. 8.4 For purposes of this section, references to City or County shall be deemed to include the officers, employees and agents of either party, acting within the scope of their authority. 8.5.a. All waste generated or collected from within the corporate limits of the City which is delivered to the system for disposal shall be in compliance with the resource conservation and recovery act, as amended (42 U.S.C. 6901 et seq.), RCW 70.95, King County Board of Health Rules and Regulations No.8, and all other applicable federal, state and local environmental health laws, rules or regulations. .9. The City shall 4It deemed to have complied wittlkhe requirements of sect;on 8.5.a. if it has adopted an ordinance requiring solid waste delivered to the system for disposal to meet such laws, rules, or regulations and by written agreement has authorized King County to enforce these within the corporate limits of the City. 8.S.b. The County shall provide the City with written notice of any violation of this provision. Upon such notice, the City shall take immediate steps to remedy the violation and prevent similar future violations to the reasonable satisfaction of King County which may include but not be limited to removing the waste and disposing of it an approved facility. If, in good faith, the City disagrees with the County regarding the violation, such dispute shall be resolved between the parties in Superior Court. Each party shall be responsible for its attorney's fees and costs. Failure of the City to take the steps requested by the County pending Superior Court resolution shall not be deemed a violation of this agreement; provided, however, that this shall not release the City for damages or loss to the County arising out of the failure to take such steps if the Court finds that the City violated the requirements to comply with applicable laws set forth in this section. 8.6 City is not held harmless or indemnified with regard to any liability arising under 42 use § 9601-9675 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to any state legislation imposing liability for cleanup of contaminated property, pollutants or hazardous or dangerous substances. -10- . ' 8 8 . " IX. FORUM By entering into this Agreement, the County and City agree to enter into and execute a Forum Interlocal Agreement. Such agreement shall provide for the establishment of a representative Forum for consideration and/or determination of issues of policy regarding the term and conditions of this Solid Waste Interlocal Agreement. X. COMPREHENSIVE PLAN 10.1 King County ;s designated to prepare the comprehensive solid waste management plan and this plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to RCW 70.95.080(3). 10.2 The initial comprehensive plan prepared under the terms of this Agreement shall be submitted to the King County Council and the designated interlocal Forum by December 31, 1988. The plan shall be reviewed and any necessary revisions proposed at least once every three years following the approval of the Comprehensive Plan by the State Department of Ecology. From the effective date of this Agreement until the 1988 plan is approved, the 1974 Solid Waste Management Plan as approved in 1977 by DOE shall be used to meet the requirements of RCW 70.95.185 as directed by the State Department of Ecology. King County shall provide services and build facilities in accordance with the adopted Comprehensive Plan. 10.3 The Comprehensive Plan will promote waste reduction and recycling in accordance with Washington State solid waste management priorities pursuant to chapter 70.95 RCW, at a minimum. .11. 10.4 The co~preheee solid waste management 8n will be preparedi'n' accordance with chapter 70.95 RCW and solid waste planning guidelines developed by the Department of Ecology. The plan shall include, but not be limited to: a. Descriptions of and policies regarding management practices and facilities required for handling all waste types; b. Schedules and responsibilities for implementing policies; c. Policies concerning waste reduction, recycling, energy and resource recovery, collection, transfer, long.haul transport, disposal, enforcement and administration; d. Operational plan for the elements discussed in Item c above. 10.5 The cost of preparation by King County of the Comprehensive Plan will be considered a cost of the system and financed out of the rate base. 10.6 The Comprehensive Plan will be adopted when the following has occurred: a. The Comprehensive Plan is approved by the King County Council; and b. The Comprehensive Plan is approved by Cities representing three.quarters of the population of the incorporated population of Jurisdictions that are parties to the Forum Interlocal Agreement. In calculating the three.quarters, the - , calculations shall consider only those incorporated jurisdictions taking formal action to approve or disapprove the Plan within 120 days of receipt of the -12- , .. '. . " , ' begin ~ run from receipt by an Plan. The 120 ~y time period shall incorporated jurisdiction of the Forum's recommendation on the Plan, or, if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from the Forum without recommendation. 10.7 Should the Comprehensive Plan be approved by the King County Council, but not receive approval of three.quarters of the Cities acting on the Plan, and should King County and the Cities be unable to resolve their disagreement, then the Comprehensive Plan shall be referred to the State Department of Ecology and the State Department of Ecology will resolve any disputes regarding Plan adoption and adequacy by approving or disapproving the Comprehensive Plan or any part thereof, 10.8 King County shall determine which cities are affected by any proposed amendment to the Comprehensive Plan. If any City disagrees with such determination, then the City can request that the Forum determine whether or not the City is affected. Such determination shall be made by a two.thirds majority vote of all representative members of the Forum. 10.9 Should King County and the affected jurisdictions be unable to agree on amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the Department of Ecology to resolve any disputes regarding such amendments. 10.10 Should there be any impasse between the parties regarding Plan adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall resolve said disputes. -13- . , . XI. FORCE MAJEURE 4IÞ ,"" , . . The parties are not liable for failure to perform pursuant to the terms of this Agreement when failure to perform was due to an unforeseeable event beyond the control of either party to this Agreement. XII. MERGER This Agreement merges and supersedes all prior negotiations, representation and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties except with regard to the provisions of the Forum Interlocal Agreement. ,~, XIII. WAIVER No waiver by either party of any term or condition of this Agreement shall be deemed Dr construed to constitute a waiver of any other term or condition or of any subsequent breach whether of the same or a different provision of this Agreement. XIV. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or person except those expressly described herein, and no other such person or entity shall be entitled to be treated as a third party beneficiary of this Agreement. -14- \. ' . ' . ' ,~ 8 . XV. SEVERABILITY If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XVI. NOTICE IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: ./ // -' .// . ¿ ',/;,::;2;;;;-) ¿;;', k;; ---_ÁC;:;~",,-- MAYOR \Î\/Ä, 1\4J-('~ DATE: ,~ (...:n t'1 Ò KING COUNTY w~~ DATE: CITY PURSUANT TO ORDINANCE NO. PURSUANT TO ORDINANCE NO. .ffi/~ -v./ (f L2:l/ d CLERK. ATTES CLERK - ATTEST APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM 1tfIB LtO"UT'( .J TORNEY DATE: ds7modelswl -15-