063-24 - Resolution - Litter Cleanup Agreement with Kitsap County (2)Docusign Envelope ID: F6DF735E-DD6C-4286-A1 FO-71 F34E8F2CBF
RESOLUTION NO.063-24
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AN INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY, AND THE CITY OF
PORT ORCHARD FOR LITTER CLEANUP SERVICES.
WHEREAS, reducing the effects of litter on our community is of great importance to the
City of Port Orchard ("City"). Litter negatively impacts communities and present real threats to
residents and the environment. Timely cleanup of litter also helps minimize additional
accumulation; and
WHEREAS, since at least 2008, the City of Port Orchard and other cities within Kitsap
County ("County") designated the County as the Lead Planning Agency for solid waste
management and the cities participate, along with other entities, through the Solid Waste
Advisory Committee; and
WHEREAS, the County, as the Lead Planning Agency, receives Community Litter Cleanup
Program (CLCP) funds from the State of Washington Department of Ecology for the cleanup and
prevention of litter and illegal dumping on public roads throughout the county, including within
the City; and
WHEREAS, the County also owns and contracts for the operation of the Olympic View
Transfer Station (OVTS), which receives solid waste from all jurisdictions within the county, and the
payment of tipping fees for such waste; and
WHEREAS, the County has used and wishes to continue using CLCP funds and tipping fees
for the cleanup of litter on all public roads throughout the city and county. Projects that use these
funds for the benefit of the county and cities include the County -managed Adopt a Spot Volunteer
Program and the Litter Work Crew; and
WHEREAS, the City and the County are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW to enable these agencies to cooperatively provide services to the
local community; and
WHEREAS, the City and County wish to continue the longstanding cooperation to enable
the City to benefit from the County's programs designed to manage the cleanup of litter for the
benefit of the City's public roads; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents
to enter into an Agreement with Kitsap County for these programs; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
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Resolution No. 063-24
Page 2 of 2
THAT: The City Council approves of and authorizes the Mayor to sign the Interlocal
Agreement with Kitsap County, attached hereto as Exhibit A and incorporated herein by
this reference, and in a form approved by the City Attorney.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 12t" day of November 2024.
F
igned by:
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Fred Chang, Mayor Pro-Tem
ATTFs gT a by:
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Brandy Wallace, MMC, City Clerk
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City Contract No. 087-24
CONTRACT NO. KC-217-24
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND CITY OF PORT ORCHARD
For Litter Cleanup Services
This Interlocal Agreement (Agreement) is entered into between Kitsap County, a Washington
State political subdivision, whose principal offices are located at 614 Division Street, Port Orchard,
Washington 98366 (County), and the City of Port Orchard, a Washington State political
subdivision, whose principal offices are located at 216 Prospect Street, Port Orchard, Washington
98366 (City).
RECITALS
WHEREAS, under Revised Code of Washington (RCW) 70A.205.040, the County is
charged with preparing a comprehensive solid waste management plan in coordination with the
cities within the county. Since at least 2008, the cities designated the County as the lead planning
agency for solid waste management and the cities participate, along with other entities, through
the Solid Waste Advisory Committee. The cities, thereafter, also adopt the solid waste
management plan.
WHEREAS, the County, as the lead planning agency, receives Community Litter Cleanup
Program (CLCP) funds from the State of Washington Department of Ecology for the cleanup and
prevention of litter and illegal dumping on public roads throughout the county, including within city
jurisdictions.
WHEREAS, the County also owns and contracts for the operation of the Olympic View
Transfer Station (OVTS), which receives solid waste from all jurisdictions within the county, and
the payment of tipping fees for such waste.
WHEREAS, litter negatively impacts communities and present real threats to residents
and the environment. Timely cleanup of litter also helps minimize additional accumulation.
WHEREAS, the County has used and wishes to continue using CLCP funds and tipping
fees for the cleanup of litter on all public roads throughout the county. Projects that use these
funds for the benefit of the County and cities include the Adopt a Spot Volunteer Program and the
Litter Work Crew.
WHEREAS, the City wishes to continue to cooperate with the County and allow the County
to manage the cleanup of litter for the benefit of the City's public roads and thereby benefit the
citizens of the City.
WHEREAS, Kitsap and City are authorized to enter into Interlocal Agreements pursuant
to Chapter 39.34 RCW.
The Parties now, therefore, agree as follows.
AGREEMENT
A. Recitals. The Recitals set forth above are expressly incorporated into the Agreement by
this reference.
B. Purpose. The primary purpose of this Agreement is to provide a regional approach and
unified strategy to litter volunteerism in Kitsap County. This Agreement is also to memorialize the
cooperation between the City and the County regarding the litter cleanup services under the
Projects identified herein.
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C. Duration. This Agreement is in effect from the date of the last signature below and continue
through a term of ten (10) years.
D. Access. The City hereby grant to the County, and all Volunteers participating under the
Projects identified herein, a license to access the rights of way maintained by the City for the
purpose of providing the cleanup services described herein.
E. Definitions. For the purposes of this Agreement, the following terms shall have the
following meanings when they are used with initial capitalization:
1. Illegal Dumpsites means waste that cannot be remove due to safety concerns,
including but not limited to furniture, appliances, hazardous or biohazardous wastes,
tires, large piles of waste, sharps, shopping carts, items in ravines or ditches, and
encampment -related wastes.
2. Litter means small, safe, and identifiable waste that fits into provided litter bags,
including but not limited to paper, plastic, metal cans, and clothing.
F. Project 1: Litter Work Crew (Crew).
1. Description.
The Crew is composed of adult participants who are completing court -ordered services
as part of the Kitsap County Superior Court Drug Court Program. Using the Crew, the
County provides periodic volunteer roadside Litter cleanup services along City rights
of way.
2. Role of the County. For Crew events on City rights of way, the County agrees to:
a. Supervise the Crew during cleanup events.
b. Purchase and provide cleanup tools and supplies, including litter bags, grabbers,
and traffic control signs.
c. Ensure that each Crew Volunteer has signed a Volunteer Services Agreement.
d. Provide safety training to Crew participants, including the Crew's Volunteer
Safety Guidelines.
e. Remove litter bags following services.
f. Refer Illegal Dumpsites discovered within the City's jurisdiction to the City for
further action.
g. Respond to media and citizen inquiries and complaints.
3. Role of the City. For Crew events on City rights of way, the City agrees to:
a. Conduct a general safety assessment of and expressly authorize the sections of
right of way requested by the County for cleanup prior to any cleanup activity.
b. Maintain City rights of way as required by law to ensure the safety of Crew
participants and County staff, and warn of or make safe non -obvious dangers.
c. Be responsible for reports of Illegal Dumpsites on City rights of way.
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d. Provide a contact person with the City to receive requests.
e. Provide suggested worksite locations to the County when a need is discovered.
Worksites should be accessible from public transit.
G. Project 2: Adopt a Spot Program (Program).
1. Description.
Under this Program, individuals and organizations can "adopt" a portion of a public
road for a two-year duration and receive safety supplies and litter bags for easy
cleanup of that area. Scheduling for cleanup is at the discretion of the individual or
organization; County staff do not supervise the cleanup events. Litter bags are
specifically marked for the Program. The County uses the Program for litter cleanup
on public rights of way.
2. Role of the County. For Program events on City rights of way, the County agrees to:
a. Maintain a Program website, including a map of adopted locations, sign-up
forms, and program requirements.
b. Manage the intake process for individuals and organizations and ensure each
executes, as applicable, a Volunteer Services Agreement or Organization
Volunteer Services Agreement.
c. Purchase and provide cleanup tools and supplies, including litter bags, grabbers,
and traffic control signs.
d. Provide safety training as necessary under the Volunteer Services Agreements,
including the Program's Volunteer Safety Guidelines.
e. Market the Program and respond to media and citizen inquiries and complaints.
f. Provide free disposal of Program litter bags brought to Kitsap County solid waste
facilities, and other designated facilities, by Program Volunteers.
g. Purchase and provide Program Volunteer Recognition signs to be installed by
the City.
h. Forward and refer to the City for further action:
i. Volunteer inquiries for cleanup on City -owned property (e.g., City parks).
ii. Reports of Illegal Dumpsites discovered in the City's jurisdiction.
3. Role of the City. For Program events on City rights of way, the City agrees to:
a. Conduct a general safety assessment of and expressly authorize the sections of
right of way requested by Program Volunteers for cleanup prior to any cleanup
activity.
b. Maintain City rights of way as required by law to ensure the safety of Program
Volunteers, and warn of or make safe non -obvious dangers.
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c. When requested by the County, pick up Program litter bags and larger items left
at the roadside by Program Volunteers.
d. Be responsible for reports of Illegal Dumpsites on City rights of way.
e. Provide a contact person with the City to receive requests from the Program.
f. When requested by the County, install Program Volunteer Recognition signs
provided by the County at a location along the adopted rights of way within the
City that, in the City's discretion, does not impede regular road maintenance or
traffic. The City agrees to provide and replace sign posts as necessary for
maintenance.
g. Promote the Program by posting a link to the Program on the City's website and
refer Volunteers to the Program.
H. Funding. The County will use funds from CLCP and tipping fees to administer the Adopt a
Spot Program and Litter Work Crew projects.
I. No guarantee. The existence of the Projects identified herein does not guarantee the
cleanup of all or any City rights of way as such is dependent upon the availability of Crew and
Volunteers who are able to cleanup City rights of way and Volunteers who desire to adopt a portion
of rights of way within City jurisdiction.
J. Reporting. Upon request by the City, the County will provide to the City a summary of
services provided throughout Kitsap County. However, the County is not able to provide data that
is specific to the services within the City or to notify the City in advance of specific services.
K. Representatives.
County's Representative
Name: Caitlin Newman
Title: Solid Waste Program Supervisor
Address: 614 Division Street, MS-27, Port Orchard, Washington 98366
Phone: 360.337.4898
Email: cnewman@kitsap.gov
City's Representative
Name: Denis Ryan
Title: Public Works Director
Address: 216 Prospect Street, Port Orchard, Washington 98366
Phone: 360.876.7034
Email: dryan@portorchardwa.gov
L. Administration and Property. This Agreement does not establish or create a separate or
joint board. No joint property shall be acquired, held, or disposed of. Any real or personal property
used under result of this Agreement shall be considered and remain the property of the Party who
purchased such real or personal property.
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M. Indemnity. It is understood and agreed by the Parties that this Agreement is solely for the
benefit of the parties hereto and gives no right to any other party. Each party hereto further agrees
to be responsible and assume liability for its own negligent acts or omissions, and those of its
officers, agents, and employees, to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In the case of
concurrent negligence of both Parties, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence attributable to the
other party. Further, as between the Parties, the City shall be solely responsible for claims or suits
arising out of the condition of the City right of way.
N. Termination. Either party may elect to terminate this Agreement for any reason by
delivering a thirty (30) day written notice of intent to terminate to the other party.
O. General Provisions.
Amendments. No amendment or modification to the Agreement will be effective
without the prior written consent of the authorized representatives of the parties.
2. Authority. Each person or party signing below warrants that they have the full power
and authority to execute this Agreement on behalf of the party for whom they sign.
3. Compliance with laws. The Parties agree to comply with all applicable local, state, and
federal laws and ordinances applicable to the performance of this Agreement.
4. Counterparts. The Contract may be executed in several counterparts, each of which
will be deemed an original, but all of which together will constitute one and the same
agreement.
5. Filing. This Agreement shall be filed with the County Auditor following execution by all
parties.
6. Governing Law; Venue. The Contract will be governed in all respects by the laws of
the Washington State, both as to interpretation and performance, without regard to
conflicts of law or choice of law provisions. Any action arising out of or in connection
with the Contract may be instituted and maintained only in a court of competent
jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050.
7. Headings/Captions. Headings and captions are for convenience only and are not a
part of the Contract and do not limit or amplify the terms and provisions hereof.
8. Nondiscrimination. The Parties agree that they shall not discriminate against any
person on the basis of race, color, creed, religion, national origin, age, sex, marital
status, sexual orientation, veteran status, disability, or other circumstance prohibited
by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of
1964, P.L. 88-354 and the Americans with Disabilities Act, and as amended, in the
performance of the Agreement.
9. No Party the Drafter. The Contract is the product of negotiation between the parties,
and no party is deemed the drafter of the Contract.
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10. No Third -Party Beneficiary. No provision of the Contract is intended to, nor will it be
construed to, create any third -party beneficiary or provide any rights or benefits to any
person or entity other than the County and the Contractor.
11. Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties' rights and obligations will be construed
and enforced as if the Contract did not contain the particular provision held to be
invalid.
Dated this 13 day of November 2024 Dated this day of , 2024
CITY OF PORT ORCHARD BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
Signed by:
F� CI�wA�
A�FQR12A89D1444
KATHERINE T. WALTERS, Chair
Fred Chang, Mayor Pro-Tem
ATTEST:
CHRISTINE ROLFES, Commissioner
Signed by:
0MLU ,
BRANDY WALLACE, City Clerk CHARLOTTE GARRIDO, Commissioner
APPROVED AS TO FORM:
,—Signed by:
CHARLOTTE ARCHER, City Attorney
ATTEST:
DANA DANIELS, Clerk of the Board
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