036-23 - Kitsap County - ContractINTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
RECITALS
WHEREAS Revised Code of Washington (RCW) 70A.205.010 assigns primary
responsibility for solid waste planning to local government;
WHEREAS RCW 70A.300.007(3) assigns responsibility for moderate risk waste planning
to local government;
WHEREAS RCW 70A.205.045 states that solutions to the state's solid waste
management problems require regional solutions by local governments as well as
intergovernmental cooperation;
WHEREAS RCW 70A.205.005 requires the comprehensive solid waste management plan
to include the estimated long-range planning needs for solid waste handling facilities projected
twenty years into the future;
WHEREAS RCW 70A.205.075 requires all solid waste management plans be maintained
in a current condition to be reviewed and revised periodically;
WHEREAS RCW 70A.205.040 requires counties, in cooperation with the various cities
located within such county, to prepare a coordinated, comprehensive solid waste management
plan;
WHEREAS RCW 70A.205.040 also requires each city to (1) prepare and deliver to the
county an independent solid waste management for integration into the county plan; (2) enter into
an agreement with the county to participate in the preparation of a joint city -county plan for solid
waste management; or (3) authorize the county to prepare a plan for the city's solid waste
management for inclusion in the comprehensive county solid waste management plan;
WHEREAS RCW 70A.300.350 requires each local government to prepare a local
hazardous waste management plan which may be amended as the needs arises;
WHEREAS local governments may choose to either include a moderate risk waste
element of their solid waste plans, or develop moderate risk waste plans separately from their
solid waste plans, recognizing that if the local government chooses not to combine the two plans,
both plans should be coordinated;
WHEREAS Kitsap County has established a Solid Waste Advisory Committee (SWAC) in
accordance with RCW 70A.205.110 to assist in the development and review of programs and
policies concerning solid waste handling and disposal, consisting of representatives of each of
the incorporated cities, Indian tribes, federal facilities, County Commissioner's districts, business,
and the solid waste industry;
WHEREAS the 2018 Kitsap County Solid and Hazardous Waste Management Plan, as
adopted by Kitsap County, the incorporated cities and Indian tribes within the county and
approved by the Washington State Department of Ecology, incorporates both solid waste and
moderate risk waste plans;
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 1 1 P a g e
WHEREAS for solid waste and moderate risk waste planning purposes, Kitsap County
attributes to a federally recognized Indian tribe the same status as a city, as referred to in Chapter
70A.205 RCW and Chapter 70A.300 RCW;
WHEREAS the United States Navy and the Suquamish Tribe are participating in this
arrangement under separate agreements or memoranda; and
WHEREAS it is necessary for grant application purposes to designate the lead solid waste
planning agency and for local governments participating in the solid waste management planning
process to agree to the planning process.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, it is hereby agreed:
AGREEMENT
PURPOSE OF AGREEMENT
It is the purpose of this Agreement to provide for the updating of the Kitsap County
Comprehensive Solid Waste Management Plan as mandated in Chapters 70A.205 and 70A.300
RCW, for collection, recycling and disposal of solid and moderate risk waste produced or
generated within the boundaries of Kitsap County, pursuant to the Department of Ecology
Planning Guidelines.
2. AUTHORITY AND RESPONSIBILITIES
a. Kitsap County shall act as lead agency for review of the 2018 Kitsap County Solid and
Hazardous Waste Management Plan and for preparation of the revised 2024 Solid and
Hazardous Waste Management Plan (SHWMP), incorporating both solid waste and
moderate risk waste elements.
b. It is understood that the planning effort will be coordinated through the Solid Waste
Advisory Committee (SWAC), and that the Department of Ecology will consider
approval of the revised SHWMP only after all local jurisdictions participating in the
planning process have adopted the revised SHWMP by resolution as set forth herein.
c. The Kitsap County Solid and Hazardous Waste Management Plan and any
subsequent plan updates or amendments shall be deemed to have been adopted
when the plan(s) have been approved by governing bodies (county commission,
city/town councils) representing 75% of the population (as set forth by the Washington
State Office of Financial Management) of Kitsap County.
d. Responsibilities for implementation of solid waste programs (including moderate risk
waste) will be delineated in the adopted SHWMP.
e. No separate entity is being created by this Agreement; Kitsap County shall administer
this Agreement to ensure completion of the 2024 SHWMP and cooperation among the
parties as provided herein.
3. FINANCING AND BUDGET
No monies will be exchanged under this agreement. The County shall maintain a Solid Waste
Management Fund as a special fund within the County budget, with funding provided from tip
fees, grants, bonds, and other sources in the County's discretion. All revenues and expenses in
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 2 1 P a g e
connection with the Solid Waste Management Program subject to this Agreement shall be
budgeted and accounted for through this fund. Receipts deposited in the Solid Waste
Management Fund shall be used only for solid waste management purposes unless otherwise
required by law, grant, regulation, or separate contract. Funding for the SHWMP update process
will be provided solely through the Kitsap County Solid Waste Management Fund. Funding for
plan implementation will be as stated within the Plan.
4. PROPERTY RIGHTS
Title to all property acquired with funds from the Solid Waste Management Fund shall vest in
Kitsap County. In the event of sale of any surplus property, such funds shall be deposited in the
Solid Waste Management Fund unless otherwise required by law, grant, regulation, or contract.
However, if the Solid Waste Management Fund does not require the revenue generated by the
sale of such property, it shall be disbursed to participating jurisdictions by an agreed upon formula
to be worked out at time of sale.
5. DISPUTE RESOLUTION
Any disputes arising under the terms of this Agreement shall be resolved through negotiation and
consensus; provided that should negotiation and consensus fail to resolve the issue, it shall be
submitted to a 3-member mediation panel for resolution, provided the panel consists of SWAC
membership and is agreed to by all parties. Final authority to resolve disputes shall rest with the
Board of County Commissioners subject to judicial review for arbitrary and capricious action.
6. ADMISSION OF NEW PARTIES
Additional municipal entities may be added to this Agreement upon such terms and conditions as
the participating governments and the new party agrees upon in writing.
7. AMENDMENTS
The process for adopting an amendment to this Agreement shall be the same as that followed for
its original adoption.
8. TERM; TERMINATION
Commencing on the date this Agreement is last executed, it shall continue for a term of ten (10)
years.
Any party hereto may withdraw and terminate its rights and obligations under this Agreement if it
is their intention to establish their own Plan, satisfying all requirements to do so under the
applicable laws of the State of Washington. In such cases, twelve (12) months' notice of intent to
withdraw shall be given to all parties hereto.
9. EFFECTIVE DATE
This Agreement shall be effective upon its execution by the Kitsap County Board of
Commissioners after execution by all other participating governments.
10. FILING
This Agreement shall be filed with the Kitsap County Auditor as required by RCW 39.34.040.
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 3 1 P a g e
Dated this day of l , 2023
no
BOARD OF COUNTY COMMISSIONERS
�.�NT ��Q KITSAP COUNTY, WASHINGTON
:M �
r CHARLOTTE GARRIDO, Chair
•
ATTEST: T�
Dana Daniels, Clerk of the Board
KATHERINE T. WALTERS, Commissioner
CA�- 2+- -
CHRISTINE ROLFES, Commissioner
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 4 1 P a g e
INTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Dated this J'_<- day of 1"hle- , 2023
CITY OF BAINBRIDGE ISLAND
BLAIR KING
CITY MANAGER
ATTEST:
Ike
RISTINE BROWN, y Clerk
APPR ED AS TO FORM:
'yam
JAMES HANEY, InWpi City
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 5 1 P a g e
DocuSign Envelope ID: 911311 E48-97E5-487F-A92E-D568A81 BOCOC
INTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Dated this 5th day of
CITY OF BREMERTON
DocuSigned by:
�1 P 4r Av�
GREG WHEELER
MAYOR
ATTEST:
May , 2023
DocuSigned by:
L#2� ikoeut,v'
ANGELA HOOVLR, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
&-d a
ATTUWtYOMAVE, City Attorney
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 6 [ P a g e
DocuSign Envelope ID: 55534C22-6271-4105-9D98-434D8D75BC95
INTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Dated this 26th day of April , 2023
CITY OF PORT ORCHARD
DocuSigned by:
�'bia �ItiTGtA.1ti,SU�t.
ROB PUTAANSUU
MAYOR
ATTEST:
DoeuSigned by::m a,
BRANDY WALLACE, City Clerk
APPROVED AS TO FORM:
DocuSlgned by:
CHARLOTTE ARCHER, City Attorney
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 7 1 P a g e
INTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Dated this Ub day of 2023
CITY OF POULSBO
L�=
BECKY ERI SON
MAYOR
ATTEST:
R141ANNON FERNANDEZ, City Clerk
APPROVED AS TO FORM:
EMILY ROMANENKO, City Attorney
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 8 1 P a g e
INTERLOCAL AGREEMENT NO. KC-174-23
BETWEEN KITSAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT
ORCHARD, POULSBO, AND THE PORT GAMBLE S'KLALLAM TRIBE
DESIGNATING KITSAP COUNTY AS THE LEAD AGENCY FOR THE REVISION OF THE
COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
Dated this 7 day of June , 2023
PORT GAMBLE S'KLALLAM TRIBE
JfWOMY StbCLIVAN
T IBAL CHAIRMAN
ATTEST:
SAVANNAH STRICKLAND
TRIBAL GOVERNANCE MANAGER
APPROVED AS TO FORM:
shy Mot--
STEVEN MOE
DEPUTY DIRECTING ATTORNEY
KC-174-23 Cities of Kitsap, Port Gamble S'Klallam Tribe ILA for Revisions to SHWMP 9 1 P a g e