090-18 - Kitsap County - ContractINTERLOCAL AGREEMENT
City of Port Orchard Regional Decant Facility Beneficial Use Agreement
THIS INTERLOCAL AGREEMENT is entered into by and between the City of Port
Orchard, Washington (the "City") and Kitsap County (the "County") (collectively, the "Parties")
as of the date entered below.
RECITALS
WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units of
local government of the State of Washington to cooperate on a basis of mutual advantage to
provide for services and facilities; and
WHEREAS, the County will benefit from use of the City's Regional Decant Facility
(hereinafter "Facility") to process County vacuum eductor truck waste for regulation and
operational purposes; and
WHEREAS, the County, as well as the City, will benefit from cooperative use of this
facility; and
WHEREAS, the cooperative provisions of this Interlocal Agreement (hereinafter the
"Agreement") are in the best interests of the public; and
WHEREAS, the Parties mutually desire to establish a formal arrangement under which to
use and operate the Facility and its features; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their
respective rights, obligations, costs and liabilities regarding this undertaking; and
WHEREAS, the City Council of the City of Port Orchard has taken appropriate action to
approve the City's entry into this Agreement; and
WHEREAS, the County has taken appropriate action to approve the Counties' entry into
this Agreement; and
WHEREAS, the acceptance and signature of this document terminates any previous
Agreement relating to Facility usage.
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained
herein, the City and the County agree as follows:
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 1 of 6 May 25, 2018
AGREEMENT TERMS
Section 1. Purpose.
The purpose of this Agreement is to establish a formal arrangement to allow Kitsap County to
occasionally use the City's Regional Decant Facility to process street wastes as set forth below. The
terms, conditions and covenants of this Agreement shall accordingly be interpreted to advance this
purpose.
A. The City generates street wastes and uses its Facility to handle this material in accordance
with environmental regulations.
B. The County also generates street wastes and has its own facility to handle this material in
accordance with environmental regulations; however, at times the County's facility is unable to accept
materials and the County seeks to use the City's Facility during these times.
C. The City hereby allows the County to use the City's Facility to process street wastes on an
as needed basis. The Facility will provide a decant feature for liquids and adequate storage for materials
collected that is in compliance with Federal, State, and Local environmental regulations. The facility
will provide water for cleanup and eductor truck refilling at a per use rate.
Section 2. Term. This Agreement shall be effective upon its execution by the Parties hereto.
Unless terminated in accordance with Section 3, this Agreement shall remain effective until December
31, 2023 when it shall expire automatically. The Parties may at their option renew this Agreement for
a mutually agreed upon term by a writing signed by both Parties.
Section 3. Termination. Either Party may terminate this Agreement with or without cause by
providing the other Party with thirty (30) days' written notice of its intent to terminate. Termination
or expiration shall not alter the County's payment obligations under Section 5 for services already
rendered and shall not alter the Parties' respective obligations under Section 8 of this Agreement.
Section 4. Obligations of the Parties.
A. The City agrees to allow the County use of the Facility during operating hours.
B. The County agrees that all County users of the Facility will be versed in the Standard
Operating Procedures (SOP) for decanting waste at the City's Facility. Failure to follow the guidelines
specified in the SOP may result in termination of this Agreement.
Section 5. Pa ment Rate and Schedule. The Parties agree to the following billing and payment
schedule:
A. Rates and invoicing: The City shall initially follow the rate schedule for dumping large
loads ($250.00 per load, assuming each dump will consist of both liquids and solids) determined for
Kitsap County Waste Processing as adopted by County Resolution 174-2014, attached hereto as
Attachment A and incorporated herein by this reference. Rates will be re-evaluated annually on the
anniversary of this agreement and adjusted as needed by City resolution. Invoices shall be delivered
to the county every other month.
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 2 of 6 May 25, 2018
B. Payment. Within thirty (30) days of receiving any invoice, the County shall submit
payment to the City for the invoiced amount.
Section 6. Administration. No Separate Entity Created. The Public Works Directors for each
party shall serve as the administrators of this Agreement. No separate legal entity is formed by this
Agreement.
Section 7. Ownership and Disposition of Property. Each Party shall retain ownership of all of
its real and personal property used in connection with this Agreement. No new real or personal
property will be obtained for use in connection with this Agreement.
Section 8. Release. Indemnification and Hold Harmless Agreement. Each Party to this
Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those of
its own agents, employees, representatives, contractors or subcontractors, to the fullest extent required
by the laws of the State of Washington. Each Party agrees to protect, indemnify and save the other
Party harmless from and against any and all such liability for injury or damage to the other Party or the
other Party's property, and also from and against all claims, demands and causes of action of every
kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising
out of work performed under the terms hereof, caused by its own fault or that of its agents, employees,
representatives, contractors or subcontractors.
Each of the Parties specifically promises to indemnify the other Party against claims or suits
brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives any
immunity that that Party may have under that title with respect to, but only to, the limited extent
necessary to indemnify the other Party.
Section 9. Governing Law and Venue.. This Agreement shall be governed by the laws of the
State of Washington. Any action arising out of this Agreement shall be brought in Kitsap County
Superior Court.
Section 10. No Employment Relationship. Created. The Parties agree that nothing in this
Agreement shall be construed to create an employment relationship between any Party and any
employee, agent, representative or contractor of any other Party.
Section 11. No Third Party Rights. This Agreement is intended for the sole and exclusive
benefit of the Parties hereto and no third party rights are created by this Agreement.
Section 12. Notices. Notices to the Parties shall be sent to the following addresses:
City of Port Orchard
Mark Dorsey, P.E.
Public Works Director/City
Engineer
216 Prospect Street
Port Orchard, WA 98366
Kitsap County Public Works
Angela Gallardo
Asset Manager
360-337-7296
614 Division Street (MS-26)
Port Orchard WA 98366-4614
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 3 of 6 May 25, 2018
Section 13. Duty to File Agreement with County Auditor. The City shall, after this Agreement
is executed by both Parties, file this Agreement with the Kitsap County Auditor.
Section 14. Integration. This document constitutes the entire embodiment of the Agreement
between the Parties and, unless modified in writing by an amendment to this Interlocal Agreement
signed by the Parties hereto, shall be implemented as described above.
Section 15. Non -Waiver. Waiver by any Party of any of the provisions contained within this
Agreement, including but not limited to any performance deadline, shall not be construed as a waiver
of any other provision.
Dated this I day o , 2018
CITY OF PORT ORCHARD
ROBERT PUTA11 SIJU, Mayor
��,• p ORT �RC
1(,
+R.�4 9
Attest/Authenticated
-�e_owvt�
Brandy ii earsoil, CMC, City Clerk
Approved as to form only:
S O 1 Cates, City Attorney
Dated this 61 day of 52018
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
C� e
ROBERT GELDER, Chair
JPA.-'�
EDWARD E. WOI.h K, Commissioner
CHARLOTTE GARRIDO, Commissioner
Attest/Authenticated
Clerk of the Board
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 4 of 6 May 25, 2018
Attachment A
RESOLUTION NO. -2014
Resolution Adopting New Disposal Fees for the Kitsap County Maintenance Waste
Processing Facility
WHEREAS, Kitsap County Code Chapter 9.14 established disposal fe for the
Kitsap County Maintenance Waste Processing Facility through Ordinance 29 3;
WHEREAS, Kitsap County Ordinance 299-2003 has been amend
rates to be established by Resolution and modified through the resolution{�ro s e
may be required from time to time consistent with other County fees'
NOW THEREFORE, BE IT RESOLVED by the Kitsap County-o�rd �f County
Commissioners that the Disposal Fees for the disposal of wa te-gp-nerated-by
incorporated areas at the Kitsap County Maintenance Wast �lroce's"irlg Oaq)l ty shall
be: ,
Small Leads - 500 gallons or less
Liquid Waste Only 1.00
Liquid and Solid Waste $$ ,00
Medium Loads - 500 to 1000 gallons
Liquid Waste Only $150.00
Liquid and Solid Waste -. ` $200.00
Lar a Loads - Over IGO&]:�'ll rig. ��
J�
Liquid Waste•Only 200.00
Liquid and Sati$250.00
174-2014 KITSAP COUNTY AUDITOR
Kitsap County Resolutions
11/13/2014 01:13 PM Page: 1 of 2
Walter Washington, Kitsap Co Auditor
111111111111 111111111111111111 IN 111111111111111111111II 111111111111III 1111
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 5 of 6 May 25, 2018
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
174-2014 11 /13/2014 01:13:43 PM Page 2 of 2
Adopted this I day of 2014
C;oMILf1
.......... O . yns
ATTEST: 'p ; .'(�`
yn
10 co
PC
*'Du�
Dana Daniels, Clerk of the Board
Port Orchard / Kitsap County Interlocal Agreement for Decant Facility Use
Page 6 of 6 May 25, 2018