021-05 - Resolution - Agreement with the State of WA Dept. of Veterans Affairs for Contaminated Soil at JWTFRESOLUTION NO. 021-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORZING THE MAYOR TO EXECUTE A SETTLEMENT
AGREEMENT AND RELEASE WITH THE STATE OF WASHINGTON
DEPARTMENT OF VETERANS AFFAIRS RELATING TO THE
CLEANUP OF CONTAMINATED SOIL AT THE JOINT WASTEWATER
TREATMENT FACILITY
WHEREAS, in March Z004 the City discovered petroleum-contaminated soil
during the site preparation work for the expansion of the Joint Wastewater Treatment Facility;
and
WHEREAS, the City alleges that the source of the contamination is a pipeline
located near the excavation that is no longer in use but that historically conveyed petroleum
products from barges located in the nearby bay to the Washington Veterans Home in Retsil,
WA; and
WHEREAS, the City has incurred expenses to investigate, remediate, and
dispose of the contaminated soil; and
WHEREAS, without admitting liability, the State of Washington has agreed to
fully reimburse the City for all of the costs and expenses the City has incurred relating to the
investigation, remediation, and disposal of the contaminated soil discovered in March Z004,
including the City's attorney's fees; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor of the City of Port Orchard is hereby
authorized to execute on behalf of the City the Settlement
Agreement and Release with the State of Washington Department
of Veterans Affairs relating to the cleanup of contaminated soil at
the Joint Wastewater Treatment Facility; a copy of the Agreement
is attached as Exhibit A.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 8th day of August ZOOS.
KIM E. ABEL, MAYOR
SETTLEMENT AGREEMENT AND RELEASE /., Gi1 .. ~1J)
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This Agreement is hereby made and entered into this l:L day of .Jtttt 2005 by
and between the City of Port Orchard, a municipal corporation (hereinafter the "City")
and the Washington Department of Veterans Affairs (hereinafter the "Department").
WHEREAS, the City is constructing an expansion to its wastewater treatment
facility; and
WHEREAS, in March 2004 the City discovered hydrocarbon-contaminated soil at
the construction site at concentrations that exceed state cleanup levels; and
WHEREAS, the City alleges that the source of the hydrocarbon contamination is
a pipeline located near the excavation that is no longer in use but that historically
conveyed petroleum products from barges located in the nearby bay to the Washington
Veterans Home in Retsil, WA; and
WHEREAS, the City has incurred costs of $71,763.24 to investigate the nature
and extent of the contamination and to remove and dispose of the contamination at a
properly licensed landfill; and
WHEREAS, the City has requested reimbursement of its costs from the
Department and the Department has agreed to provide payment subject to the
conditions set forth below; now, ·therefore,
In consideration of the terms and conditions set forth below, the parties agree as
follows:
1. Payment of City's Costs. The Department shall pay to the City the sum of
$71,763.24, receipt of which the City hereby acknowledges, as and for the costs and
expenses, including attorney's fees, that the City has incurred to investigate, remediate,
and dispose of the soil contamination discovered in March 2004 at the wastewater
treatment facility.
2. Disputed Claim. The City acknowledges that the payment received from the
Department is not an admission of liability and that the monies are being paid solely for
the purpose of settling and compromising a disputed claim.
3. Release. The City releases, indemnifies, and holds harmless the Department,
its employees, representatives, elected officials, agents, and assigns from any and all
claims, demands, causes of action, costs of expenses, either direct or indirect, arising
from the investigation, remediation, and disposal of hydrocarbon contamination
discovered in March 2004 at the City's wastewater treatment facility.
4. City's Warrant. The City warrants that as of the date of signing it is not
aware of any further hydrocarbon contamination of its property located at the
wastewater treatment facility adjacent to the Washington Veterans Home in Retsil, WA.
5. Governing Law. The parties agree that this Agreement shall be interpreted and
governed by the laws of the State of Washington. Venue shall be in Kitsap County except
by mutual agreement of the parties.
6. Modification and Amendments. No amendments or modifications relating to the
subject matter of this Agreement shall be binding and enforceable unless in writing and
signed by the affected parties hereto.
7. Entire Agreement. This Agreement sets forth the entire agreement of the parties
hereto with respect to the subject matter hereof and may not be modified or amended
except as provided in Paragraph 5 above.
8. Attorney's Fees. Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party in such litigation shall be entitled, in
addition to such other relief as may be granted, to a reasonable sum as and for its
attorney's fees and costs in such litigation, which shall be determined by the court.
9. Authority of Parties. Any individual signing this Agreement on behalf of an entity
represents and warrants that such individual has authority to do so and, upon such
individual's execution, that this Agreement shall be binding upon and enforceable against
said entity.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
as of the day and year set forth above.
CllY OF PORT ORCHARD
By: /(~'( /Ji $' ,. ;1--b4./l
Kim E. Abel, Mayor
ATTEST:
APPROVEDASTOFORM APPROVEDAS TO FORM:
By ~¥J~~
Loren D'. Combs, City Attorney
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