013-07 - Karcher Creek Sewer District - ContractINTERLOCAL AGREEMENT BETWEEN
THE CITY OF PORT ORCHARD
AND KARCHER CREEK SEWER DISTRICT
FOR USE OF THE CITY DECANT STATION
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") for reference purposes
only is dated .S2 tMW- 25 , 2007 and is entered into by and between the
City of Port Orchard (hereafter "CITY") and Karcher Creek Sewer District
(hereafter "DISTRICT").
II. RECITALS
This AGREEMENT establishes the terms with which the DISTRICT may use the
CITY's decant station located at 1272 Lloyd Parkway, Port Orchard, WA 98366.
The Interlocal Cooperation Act, Chapter 39.34 RCW, authorizes the parties
hereto to enter into the AGREEMENT.
Accordingly, the parties agree as follows:
III. AGREEMENT
A. Purpose.
The CITY owns and operates a decant station in which the liquid in its
municipal vactor truck is decanted into the CITY's sanitary sewer system.
2. The DISTRICT currently decants the liquid from its DISTRICT vactor
truck into its sanitary sewer system via manholes and prefers to use an
established decant station in lieu of constructing a new facility.
3. The CITY currently has an agreement with Kitsap County to allow the
County's vactor truck to use the CITY's decant station, as defined by
Interlocal Agreement KC-219-03.
B. Payment.
1. The DISTRICT shall pay the CITY a sanitary sewer fee corresponding to
one (1) sanitary sewer equivalent residential unit (ERU) at the Class 2
rate. Fees for use will be billed bimonthly. The current bimonthly fee is
$72.00 however the CITY reserves the right in its sole discretion to
increase the sewer rate fees upon reasonable notice. The DISTRICT will
pay the bimonthly sewer bill in accordance with CITY utility billing
terms, which are thirty (30) days after the due date.
The DISTRICT shall pay its fair share pro-rata payment of the cost of
operation and maintenance of the decant station, as located on 1272 Lloyd
ILA for Decant Station
Karcher Creek Sewer District/City of Port Orchard
Parkway. It is understood that this cost will be calculated and billed
quarterly by the CITY based on actual annual operation and maintenance
costs for the decant station.
C. City and DISTRICT Representatives.
This AGREEMENT shall be jointly administered by the representatives
identified in this section. This AGREEMMENT does not create any separate
legal or administrative entity.
1. The CITY's representative is the Public Works Director, 216 Prospect
Street, Port Orchard, Washington 98366. This person shall represent the
CITY in all matters pertaining to the services to be rendered under this
AGREEMENT. All requirements of the DISTRICT pertaining to the
services and materials to be rendered under this AGREEMENT shall be
coordinated through the CITY representative.
2. The DISTRICT's representative is the General Manager, 2924 SE Lund
Avenue, Port Orchard, Washington 98366. This person shall represent the
DISTRICT in all matters pertaining to the services to be rendered under
this AGREEMENT. All requirements of the CITY pertaining to the
services and materials to be rendered under this AGREEMENT shall be
coordinated through the DISTRICT representative.
D. Responsibilities of the parties
It is mutually understood that the DISTRICT will provide the CITY with
timely payment of all amounts due the CITY as described in Section III,
Paragraph B, above.
It is mutually understood that the CITY will provide the DISTRICT with the
following:
1. 24-hour access to the decant station for DISTRICT employees, agents,
and equipment only. Private vendors' use of the facility is prohibited.
2. Timely notice in advance if the decant station will be temporarily closed
for maintenance or repair.
3. Bi-monthly sewer billings and invoices for a pro-rata share of operation
and maintenance costs mailed to the attention of the DISTRICT's
representative.
E. Hold Harmless/indemnification.
1. The CITY shall defend, indemnify and hold the DISTRICT, its
officers, officials, employees and volunteers harmless from any and all
claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of the
CITY, its agents, employees, or sub consultants in performance of this
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Karcher Creek Sewer District/City of Port Orchard
AGREEMENT, except for injuries and damages caused by the sole
negligence of the DISTRICT.
2. The DISTRICT shall defend, indemnify and hold the CITY, its
officers, officials, employees and volunteers harmless from any and all
claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the acts, errors or omissions of the
DISTRICT, its agents, employees, or sub consultants in performance
of this AGREEMENT, except for injuries and damages caused by the
sole negligence of the CITY.
3. This mutual indemnification and hold harmless shall apply regardless
of whether the claim is brought pursuant to the Worker's
Compensation Act, RCW Title 51, or otherwise.
F. Amendments.
This AGREEMENT shall not be amended except in writing signed by both
parties to the AGREEMENT.
G. Duration.
This AGREEMENT shall become effective as set forth in paragraph K,
below. This AGREEMENT will continue automatically for twelve (12)
month increments commencing with the effective date of the AGREEMENT,
unless terminated by either party as detailed in paragraph H, below.
H. Termination.
Either party to this AGREEMENT may elect to terminate this AGREEMENT
for any reason by delivering a thirty (30) day written Notice to Terminate to
the other party.
I. Severability.
If any provision of this AGREEMENT is determined to be invalid, the
remaining provisions shall continue in full force and effect.
J. Financing: Budget.
This AGREEMENT does not contemplate joint financing of the activities
within its scope, nor does it contemplate a joint budget.
K. Effective Date; Recording or Web Posting.
This AGREEMENT shall be effective upon being recorded with the Kitsap
County Auditor or, alternatively, on the date it is posted on the CITY's and
the DISTRICT's web sites or other electronically retrievable public source.
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Karcher Creek Sewer District/City of Port Orchard
L. Authorization by Governing Body.
The governing bodies of the CITY and the DISTRICT have taken appropriate
action by ordinance, resolution or otherwise pursuant to law to authorize the
execution of this AGREEMENT.
City of Port Orchard Karcher Creek Sewer District
Uivt_
Kim Abel / 1 - �p La ence J. Cyyr�++ es
Mayor General
MaiSager
ATTEST:
Michelle Merlino
City Clerk
APPROVED AS TO FORM:
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(► r! City Attor e
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Karcher Creek Sewer District/City of Port Orchard