060-21 - City of Gig Harbor - ContractName and Mailing AddressCity of Port Orchard216 Prospect StreetCITY OF PORT ORCHRRD38i36i'i61,*?;.Fee:"$ 12@. 5oPaul Andneus, KitsCp Co Auditor202to6@902t3Pase: 1 of 1gPort Orchard, WA 98366The Recorder is required to use only the informationyou provide on this cover sheet to index the document.Type or print legiblyDocument Title(s)lnterlocal Agreement - Regional Decant FacilityBeneficial Use AgreementAuditor's File Number of Document (s) ReferencedGrantor(s) person(s) that conveys, sells or grants interest in property:City of Port OrchardGrantee(s) person that buys, receives or to whom conveyance of property is madeCity of Gig HarborAbbreviated Legal Descri ption :. Quarter, Quarter, Section, Township, Range (and Government lot # if applicable); OR. PlaVCondo Name, lot or unit number, building or block number; OR. Short Plat, Large Lot number, lot number and auditor file numberAssessor's 14 digit Tax Parcel Number:04125114
Contract No. 060-21INTERLOCAL AGREEMENTcity of Port orchard Regional necant Facility Beneficial use AgreementTHIS INTERLOCAL AGREEMENT is entered into by and between the City of PortOrchard, Washington (the *City") and Gig Harbor (the "Gig Hmbor") (collectively, the'?arties',)as of the date entered below.WHEREAS, Chapter 39.34 RCW authorizes two or more political subdivisions or units oflocal govemment of the State of Washington to cooperate on a basis of mutual advantage toprovide for services and facilities; andWHEREAS, Gig Harbor will benefit from use of the City's Regional Decant Facility(hereinafter "Facility") to process Gig Harbor vacuum eductor truck waste for regulation andoperational purposes; andWHEREAS, Gig Harbor, as well as the City, will benefit from cooperafive use of thisfacility; andWHEREAS, the cooperative provisions of this Interlocal Agreement (hereinafter thefrAgreement") are in the best interests of the public; andWHEREAS, the Parties mutually desire to establish a formal arrangement under which touse and operate the Facility and its features; andWHEREAS, the Parties desire to enter into this Agreement for the purpose of defining theirrespective rights, obligations, costs and liabilities regarding this undertaking; andWHEREAS, the City Council of the City of Port Orchard has taken appropriate action toapprove the City's entry into this Agreement; andWHEREAS, Gig Harbor has taken appropriate action to approve Gig Harbor's elrfiy intothis Agreement; andWHEREAS, the acceptance and signature of this docume,lrt terminates any previousAgreement relating to Facility usage;NOW THEREFORE, in consideration of the terms, conditions and covenants containedherein, the City and Gig Harbor agrce as follows:Port Orchard I Gig Harbor lnterlocal Agreement for Decant Facility UsePage 1 of 4 April 13,2021
TERMSSestion 1. Pumose.The purpose of this Agreement is to establish a formal arrangement under which theParties will share the use of the Facility to process steet wastes as set forth below. The terms,conditions and covenants of this Agreement shall accordingly be interpreted to advance thispurpose. This Agreement further seeks to allocate and define the Parties' respective rights,obligations, costs and liabilities concerning the establishment, operation and maintenance of thisundertaking.A. The Parties individually generate steet wastes, defined as materials picked up bymanual or mechanical sweepings of alleys, streets, and sidewalks; wastes from public wastereceptacles; and material removed from catch basins. and have a need for a permanent facility inwhich this material can be handled in accordance with environmental regulations.B. The Facility will be used by the Parties to process street wastes. The Facility willprovide a decant feature for liquids and adequate storage for materials collected that is incompliance with Federal, State, and Local environmental regulations. The facility will providewater for cleanup and eductor truck refilling at a per use rate.Section 2. Term. This Agreement shall be effective upon its execution by the Partieshereto (the "Effective Date"), and shall remain in effect until terminated in accordance withSection 3, subject to the annual rate increases set out in Section 5.Section 3. Termination. Either Party may terminate this Agreerrent with or without causeby providing the other Party with thirty (30) days' written notice of its intent to terminate.Termination or expiration shall not alter Gig Harbor's payment obligations under Section 5 forservices already rendered, and shall not alter the Parties' respective obligations under Section 8 ofthis Agreement.Section 4. Obligations of Gig Harbor. Gig Harbor agrees to:A. Utilize the Facility in accordance with the Standard Operating Procedures (SOP),which are attached hereto as Exhibit A and incorporated herein by this reference,including any zubsequent amendments thereto, and pay to the City in accordance withthis Agreement. Gig Harbor agrees to ensure that all Gig Hmbor users of the Facilitywill be versed in the SOP for decanting waste at this Facility. Failure to follow theguidelines specified in the SOP, or any other negligent conduct by Gig Harbor, itsagents, employees, or officials while at the Facility, may result in termination of thisAgreement and any other remedies authorized hereunder.Section 5. Obligations of the Citv. The City agrees to:A. Operate and maintain the Facility consistent with applicable laws and regulations andallow Gig Harbor to utilize the facility consistent with this Agreeme,lrt.Port Orchard / Gig Harbor lnterlocal Agreement for Decant Facility UsePage 2 of 4 April 13,2O21
Section 5. Payment Rate and Schedule. The Parties agree to the following billing andpayment schedule:A. Rates: The Parties shall follow the rate schedule determined for Kitsap County WasteProcessing as adopted by County Resolution 174-2A14, attached hereto as Exhibit Band incorporated herein by this reference. Rates will be re-evaluated armually andadjusted, as needed by Crty resolution, and notice of any increase will be provided toGig Harbor upon adoption and incorporated herein without need for furflreramendment. Invoices shall be delivered to the Gig Harbor every other month.B. Within tttirty (30) days of receiving any invoice, the Gig Harbor shall submit paymentto the City for the invoiced amount.Section 6. Administration: No Separate Entitv Created. The City Public Works Directorshall serve as the administrator of this Agreement. No separate legal entity is formed by thisAgreement.Section 7. Ownership and Disposition of Property. Each Party shall retain ownership ofall of its real and personal properfy used in connection with this Agreement. No new real orpersonal property will be obtained foruse in connection with this Agreement.Section 8.Each Party to thisAgreement shall be responsible for its own negligent and/or wrongful acts or omissions, and thoseof its own agents, employees, representatives, contractors or subconhactors, to the fullest extentrequired by the laws of the State of Washington. Each Party agrees to protect, indemnifu and savethe other Party harmless from and against any and all such liability for injury or damage to theother Party or the other Party's property, and also from and against all claims, demands and causesof action of every kind and character arisrng directly or indirectly, or in any way incident to, inconnection with, or arising out of work performed under the terms hereof, caused by its own faultor that of its agents, employees, rqrresentatives, contractors or subcontractors.Each of the Parties specifically promises to indemnifii the other Party against claims orsuits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waivesany immunity that that Party may have under that title with respect to, but only to, the limitedextent necessary to indemni& the other Party.Section 9. Governing Law and Venue. This Agreement shall be governed by the laws ofthe State of Washington. Any action arising out of this Agreement shall be brought in KitsapCounty Superior Court.Section 10. No Employment Relationship Created. The Parties agree that nothing in thisAgreement shall be constnred to create an employment relationship between any Party and anyemployee, agent, rqlresentative or contractor of any other Party.Port Orchard / Gig Harbor lnterlocal Agreement for Decant Facility UsePage3of4 April13,2O21
Section 1 l. No Third Partv Rights. This Agreement is intended for the sole and exclusivebenefit 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 addressesCity of Port OrchardMark Dorsey, P.E.Public Works Director/City Engineer216 Prospect StreetPort Orchard, WA 98366City of Gig Ilarbor Public WorksJeffLanghelm, P.E.Public Works I)irector253-8s1-61703510 Grandview StreetGig llarbor, WA 98335Section 13. Duty to File Agreenrent with CounW Auditor. The City shall, after thisAgreement is executed by both Parties, file this Agreement with the Kitsap County Auditor.Section 14. Intepration. This document constitutes the entire embodiment of theAgreement between the Parties and, unless modified in writing by an amendment to this InterlocalAgreement 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 withinthis Agreement including but not limited to any performance deadline, shall not be construed as awaiver of any other provision.CTTY OF PORT ORCHARDGIG HARBOR PT]BLIC WORKSafzzByROBERT PUTAANSI.ruMayorATTE ST/AUTHENTICATED :DateP.E.DatePublic Works DirectorCityApproved as to form only:Charlotte Archer, City AttorneyPort Orchard / Gig Harbor lnterlocal Agreement for Decant Facility UsePage4of4 April13,2021
Attachment A - Standard Operating ProceduresPort Orchard / Gig Harbor lnterlocal Agreement for Decant Facility UseApnl 13,2421
Standard Operating Procedure forDumping at the City of Port OrchardRegronal Decant FacititySeptember,20lSRevised January L4,2ozLPlease nole that the Cily of Port Orchard's Sundmd Operating Procedures (SOPI) are adaptedfrom publishedmethods or developed by in-lpuse technical and adminislrative experts. Each SOP's primary purpose is for internaluse, though sampling and adninistralive SOPs may have awider utility. The City's SOPs do not supplanl anyoficial published methods. Distribution of these SOPs does not constitute an endorsement of any particularprocedure or method. Any reference a specifie equipment, manufaeturer, or supplies isfor descriptive purposesonly and does not constitute an endorsement of a particular product or sewice by the SOP's author or by the City ofPort Orchard. Though the City of Port Orchardfollows its SOP in most instances, there may be an instance inwhich Ihe City uses an alternstive methodologt, procedure, or process.Slondord Operoting Procedure for the Cily of Porl Orchord Deconl Focility
1.1This SOP is intended for City of Port Orchard Public Works (Public Works) staffoperating or maintaining the City of Port orchard (CoPo) Regional DecantFacility. This SOP also applies to any eductor tmck operators working within aninter-local agreement (ILA) or other eontract held with the City allowing the useof the COPO Regional Deeant Facility and its utilities.Section z.Definitions2.7 Decant - the process of separating solids from liquid via settling and drawing offthe liquid without disturbing the sediments within the lower liquid layers.Decanting procedures differ for stormwater and sewer. Refer to appropriatesections (stormwater -vs- sewer decanting) for specific information relating tomethodology.2.2 Eductor Truck - Any truck (Vactor, Vac-Con, etc.) equipped to vacuum and haulstreet, storm and sewer effluent and sediments from municipal works.2.3 Personal Protective Equipment (PPE) - Personal safety equipment designed toprotect stafffrom injurywhile performing job duties. PPE's include but are notlimited to: eye proteetion, ear protection, reflective clothing, work boots, gloves,ete.2.4 Port Orehard Municipal Code (POMC) - Laws and ordinances that are enactedbythe city council and enforced by the City of Port Orchard.Stondord Operoting Procedure for the City of Porl Orchord Deconl Focility
tuSection e. Safefit3.7Personal safety3.1.1 All operators and maintenance staffwill follow appropriate safetyguidelines when decanting into the CrVs Regional Decant Facility. Failureto comply with safety guidelines may result in exclusion from use of theCOPO Regional Decant Facility.3.7.2 All operators and maintenance staffwill wear appropriate PPE whileworking within City property and obsenre all potential hazards and avoidthem. Please note any safety discrepancies and provide them to the City forcorrection.3.1.3 All operators and maintenance staffwill possess and maintain properlicensing relative to driving an eductor truck and will possess trainingrelative to the operation of the eductor truck.3.2 Enuironmental Safety3.2.7 All operators will follow procedural guidance outlined in sections 4,9 and,6 of this SOP to minimize any potential environmental hazards and.appropriately contain any spills or Ieaked eductor truck effluent within theCOPO Regional Decant Facility. Failure to complywith sections 4, S and 6may result in exelusion from use of the Regional Decant Facility and mayresult in fines pursuant to Chapter rs.so of the POMC.3.2.2 AII operators are responsible for reporting any spills or leaked eductortruck effluent to the City of Port Orchard Public Works Department assoon as possible.Stondord Operoting Procedure for lhe Cily of Port Orchord Deconl Focilily
tua4.74.2AuthorizationCurrently the City of Port Orchard is allowing use of its decant facitity viainter-local agreement (ILA). Access will be granted when each ILA isfinalized and approved by council. A unique aocess code will be granted toeach entity for use of the facility. For non-COPO entities this access code istied to your billing. Current rates of use are $z5o.oo per dump as of zozr.Conditions of UseAny liquids or solids collected by authorized eductor trucks shall adhere tothe following conditions:o Liquids and solids eolleeted from cleaning sewer and stormwaterfacilities must eomplywith conditions listed in their approved ILA.o Suspect loads are allowed at the COPO Regional Decant Facility ona case-by-case basis, pending approval from COPO and SouthKitsap Water Reclamation Facility (SK\MRF). Suspect loads mavnot be dumped without specifrc approval. Depending uponthe nature of the load, disposal practices mayvary, but will alwaysfollow state and local regulation. Contact the City before dumpingsuspect or "hot" loads at the COPO Decant Facility. City staff can bereaehed at the following contacts:o $6o) 876-499ror;o publicworkst@ci$ofportorchard.uso The operator and representative governmental agency areultimately responsible for ensuring the materials being disposed ofat the COPO Regional Decant Facility meet the conditions of use.Any prohibited dumping or discharge to the COPO Regional DecantFacility will result in corrective actions, revocation of ILA privileges,or fines dependent on the nature of the infraction.. The City of Port Orchard resenres the right to revoke privileges fromany user if deemed warranted.. All users will abide by the procedures and rules listed in this SOP.Failure to do so mayresult in revocation of privileges.Stqndord Operoting Procedure for lhe City of Port Orchord Decqnt Focility
tuSection F. Field ProceduresOp er ationa,I Guidelinesonly liquids and solids collected from the cleaning or maintenance of Cityof Port Orchard appurtenances is allowed at the COPO Regional DecantFacility unless specified in an ILA or other legal contract.5.15.25.3Record KeepingEvery operator must keep a detailed log of each area where liquids andsolids have been collected. Each log must be maintained for a minimum ofone year and be available to City of Port Orchard staff. Each daily log shallat a minimum include:o Date. Driver namer Equipment usedo Site/client nameo Street address. TWe of material collected:o SFR - single familyo MFR - multiple familyo C - Commercialo I - IndustrialField Screening and InspectionWhen cleaning infrastructure, please perform a visual inspection of thecatchbasin, manhole orvault. Note anyunusual or unpleasant odors orvisible contamination of liquids and solids present within the system beingcleaned. If potential contamination is identified, please add a detailedcomment to your reeords and notiff the City immediately. Do NOT cleanthe catch basin or infrastructure unless you plan to dispose of this load as asuspect load following the specific suspect load guidelines. The Crty maychoose to follow-up on the operators'notes to identiff and control thesource of any illicit pollution source or illegal dumping.Stqndord Operoting Procedure for lhe City of Porl Orchord Decqnl Focilily
tu5,45.5COPO Regional Decant Facility AceessThe COPO Regional Decant Facility is located att2T2 Lloyd Parkrn'ay. Thesystem will be accessible during normal business hours unless closed forscheduled maintenance.Water Filling and Wash Rsck UseWater and wash rack use are billable and are available only when specifiedby contract. Please consult your ILA for details on specific access rights.6.tRequirementsThere must be at least ONE trained, qualified operator present when usingthe COPO Regional Decant Facility. If any operator notices a deficiency inthe COPO Regional Decant Facility (plugged drain, damage to facility,excessive solids aecumulation, etc.) please contact the Public Works Office(S6o-8Z6- 4gg1) and a Public Worla employee will respond to manage theissue.6.2 Liquid Decanting Procedures1. Upon arrival at the decant facility back eductor truck into theappropriate bay, depending upon the consistency of your load(water/storm decant or sewer) and prep the truck for decanting.z. Unroll the decanting hose and attach it to ttre drain coupler on theback or side of the eductor truck storage tank.3. Place the drain hose on the floor of the settling pad in a locationwhere you can monitor the water leaving the hose.4. Open the gate valve on the drain coupler attached to the tank slowlyuntil decant water begins to flow from the hose.S. Monitor the consistency of the water draining from the hose. Ifsignificant quantities of solids begrn to drain from the hose, closethe gate valve and prep the truck for solids dumping.Stondord Operoting Procedure for lhe City of Port Orchord Deconl Focility
(fu;tt0RcHsL6g Solids Dumping on the Decanting Pad6,41. Rinse out and roll up the decanting hose and clean any residue fromthe drain coupler on the tank.z. Reposition the eductor truck in the solids bay that has beenidentified for dumping, backing the truck NO FARTHER back intothe bay than the "dump no solids past this point" sign located on thebay walls.3. If a bay is coned off do not dump there. If there is any question asto which bay to dump solids, please call the City (36o-826-qggiforverification.4. Carefully unscrew the retaining turnbucHes on the gate for the tank.S. Slowly release the gate dogs, opening them just enough to allow anyremaining liquids to drain from the tank. Wait until liquid recedesbefore dumping solids.6. Once the liquid stops draining from your load, fully open the gatedogs and dump solids in designated solids area. PulI forward andrinse the tank clean in front of the solids pile.7. Make sure that your eductor truck is prepped for travel.Solids Management (CitA staff onlilAllow the solids pile to settle and drain before transferring solids to thedumpster. This should only be done by qualified COPO Public Works staff.If the solids pile is too full for you to dump your load you may only beallowed to decant the liquid from your tank following the decantingprocedures listed in section 6.2. Calling ahead of dumping should reduceor eliminate this issue. Please contact the Public Works Office (g6o-826-49gt) if the solids pile is full and a Public Works employee will respond tomanage the solids.7.1RequirementsThere must be at least ONE trained, qualified operator present when usingthe COPO Regional Sewer Decant Bay. If any operator notices a deficiencyin the COPO Regional Decant Facility (plugged drain, damage to facility,excessive solids accumulation, etc.) please contact the PublicWorks Office(g6o-826-499i and a Public Works employee will respond to manage theissue.7.2 Liquid Decanting Procedures6. Upon arrival at the decant facility back eductor truck into the sewerbay and prep the truck for decanting.Stondord Operoting Procedure for the City of Port Orchord Decont Focility
T. Unroll the decanting hose and attach it to the drain coupler on theback or side of the eductor truck storage tank.8. Place the drain hose on the floor of the settling pad in a locationwhere you can monitor the water leaving the hose.9. Open the gate valve on the drain coupler attached to the tank slowlyuntil decant water begins to flow from the hose.ro. Monitor the consistency of the water draining from the hose. Ifsignificant quantities of solids begrn to drain from the hose, closethe gate valve and prep the truck for solids dumping.Z.S Solids htmping for sewer8. Rinse out and roll up the decanting hose and clean any residue fromthe drain coupler on the tank.g. Reposition the eductor truck, backing the truck NO FARTHERbackinto the bay than the "dump no solids past this point" sign locatedon the baywalls.ro. If the sewer bay is coned offdo not dump there. If there is anyquestion as to whichbay to dump solids, please call the City (S6o-8Z 6 - +gg t) for verifi cation.rr. Carefully unscrew the retaining turnbucHes on the gate for the tank.rz. Slowly release the gate dogs, opening them just enough to allow anyremaining liquids to drain from the tank. Wait until liquid recedesbefore dumping solids.13. Once the liquid stops draining from your load, fully open the gatedogs and dump solids in designated solids area. Pull forward andrinse the tank clean in front of the solids pile.14. Make sure that your eductor truck is prepped for travel.Slondord Operoling Procedure for the City of Porl Orchord Deconl Focility
B.t Solfds Management (COPO STAFF ONLQAllow the solids piles in each solids bay to settle and drain beforetransferring solids to the dumpster. firis should only be done by qualifiedCOPO Public Works staff. If the solids pile is too full for you to dump yourload you may only be allowed to decant the liquid from your tank followingthe decanting procedures listed in section 6.2. Calling ahead of dumpingshould reduce or eliminate this issue. Please contact the Public WorksOffice (g6o-826-4991) if the solids pile is full and a PublicWorks employeewill respond to manage the solids.8.2 Facility Maintenance (COPO STAFF ONLY)ICOPO staff ONLY will operate weir systems in each bay, cone offfull baysstill draining, clean bays and filtration systems and service any functionalcomponents of the decant facility. Non{OPO staffare onlvpermittedto dump permitted wastes and clean their vehicles.8.3 FiIIing Water UsageWater usage for filling eductor truck water tanks is metered at the decantfacility and is available for purchase at the water kiosk. The facility alsooffers a stormwater recycle option, utilizing rainwater that has beencollected in a cistern behind the building for rinsing and refilling tanks.This system operates when rainwater is available only. If there is norainwater to use the system switehes to municipal water automatically. Arseparate agreement is required if you wish to utilize the kiosk for water.Siondord Opdroting Procedure for the City of Porl Orchord Decqnt Focilily
Location of the COPODecantStondord Operoting Procedure for the City of Port Orchord Decont Focility
AttaohmEnt B.Port Orchard / Gig Harbor lnterlocal Agreement for Decant Facility UseAptil 13,2021RSSOTUITON NUfl4 -znraReuolulion Adopting New Disposal Fees for the Khsap County Maintensnce Vy'aateProcesring f acilltyWHEREAST Klisap Ocrmty Code Gl'apbr S.14 esteblished dkposalrEee for theKlsap Oounily t$ainbnanoetl/asle Pmcessing l-.acilitythrough Ordincnce 209-2003;ll\tHEREAF, KiEap Oounty Ordinance 299-2003 har bcor anondFd allo\fingrstes b be eebblirhed by Resolulicn and modilbd thmr4h IJte resululic:r prurrss aurnay be rcquimr fmm lims to timc cDnsislen: ,,lilh otl'cr CounU lFes;IIOWTHEREFORE. BE lT RESOLVEO by lhe Kilsap Counly Board of CountyCornnrloslonsru lhal lhe Dieposal i'ess for lle dhganal of wusle gonerriled byincorporated areas al lhe Kbao County Mainlenance tflaste Processing Fadllty shallbe:$$sll LgaCg - 500 oalods or lgssUquHlAtoste Only S1U0.0OLfiuid and Sol,o Wasln 5150.00tdediurn Loads- 500 ts 1.000 gafonsUquftl lllasle Only S15C.00Liquid and Solid Wasle 5200.00Lnr,*e Lcuds - Over'1000 GaUoneLlquldWast Orly $200.00L*tuld and SclidWaste 9250.00