005-03 - Kitsap County - ContractINTERLOCAL AGREEMENT KC-219 -03
BETWEEN KITSAP COUNTY AND
CITY OF PORT ORCHARD
FOR THE LIQUID ONLY DECANT STATION
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County
(hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port
Orchard, WA. 98366 and the City of Port Orchard (hereafter "CITY") whose principal
office is located at 216 Prospect Ave, Port Orchard, WA. 98366.
II. RECITALS
This AGREEMENT facilitates the installation and operation of an eductor liquid only
decant facility located on CITY property at 1272 Lloyd Parkway, Port Orchard, WA (the
"site) and connected to the CITY sanitary sewer conveyance system.
The Interlocal Cooperation Act, R.C.W. 39.34, further authorizes the parties hereto to
enter into this AGREEMENT.
This AGREEMENT consists of the following documents:
Interlocal AGREEMENT
The COUNTY and CITY have each adopted the necessary ordinance or resolution
authorizing them to enter into this AGREEMENT.
ACCORDINGLY, THE PARTIES AGREE AS FOLLOWS:
III. AGREEMENT
Purpose:
A. As a part of COUNTY'S stormwater facility maintenance program the COUNTY must
decant its eductor trucks several times per day. The COUNTY's existing eductor
decant facility is located at the Central Kitsap Treatment Plant (CKTP). To improve
efficiency, the COUNTY would like to use a liquid only decant facility in the southern
region of Kitsap County for use by COUNTY forces when conducting maintenance in
that portion of Kitsap County.
B. The CITY operates an eductor truck decant station located at 1272 Lloyd Parkway.
This decant station receives both liquid and solid eductor waste. This AGREEMENT
provides for the parties' joint use of the CITY decant facility located on CITY property
at 1272 Lloyd Parkway.
C. Payment:
COUNTY shall pay CITY a sewer bill equivalent to one (1) sanitary sewer equivalent
residential unit (ERU). Fees for use will be billed bimonthly. COUNTY shall pay
CITY in accordance with City utility billing terms, which are 30 days after the due
date.
D. COUNTY and CITY Representatives:
This AGREEMENT shall be jointly administered by the representatives identified in
this section. This AGREEMENT does not create any separate legal or
administrative entity.
1. David A. Tucker, Stormwater Senior Program Manager, 614 Division Street MS-
26A, Port Orchard WA 98366 shall represent COUNTY 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 COUNTY representative.
2. Lawrence J. Curles, City Engineer, 216 Prospect Avenue, Port Orchard, WA
98366 shall represent the CITY in all matters pertaining to the services and
materials to be rendered under this AGREEMENT. All requirements of the
COUNTY pertaining to the services or materials to be rendered under this
AGREEMENT shall be coordinated through the CITY representative.
Following a change of representative, COUNTY and CITY will inform the other party in
writing within ten (10) working days.
E. Responsibilities of the Parties: It is mutually understood that COUNTY will
provide CITY with the following:
1. Biannual removal and disposal of accumulated soil from the decant system septic
tank; and
2. Timely payment of all amounts due CITY as described in Section III, Paragraph 2
above.
It is mutually understood that CITY will provide COUNTY with the following:
1. 24-hour access to the PROPERTY listed in Exhibit B for COUNTY employees
and equipments only. Private vendor use of the facility is prohibited.
2. Maintenance of the system beyond the biannual soil removal as stated in E1.
F. Property: This AGREEMENT does not contemplate the joint acquisition of property
by the parties. At termination, each party shall remain the sole owner of its own
property.
G. Hold Harmless/Indemnification: Both COUNTY and CITY shall accept
responsibility for any and all liability arising from acts of its own officers, employees,
agents and contractors to the extent provided by law. Both COUNTY and CITY shall
hold harmless and indemnify one another from claims, lawsuits or losses of any
kind, including expenses such as reasonable attorney's fees and court costs, arising
from all activities performed under this AGREEMENT.
H. Amendments: This AGREEMENT shall not be amended except in writing signed by
both parties to the AGREEMENT.
I. Duration: This AGREEMENT shall become effective after both parties have
approved its terms and conditions a conformed copy has been filed with the County
Auditor. This AGREEMENT will continue automatically for twelve (12) month
increments unless terminated by either party as detailed under "TERMINATION".
J. Termination: Either party to this AGREEMENT 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.
K. Severability: If any provision of this AGREEMENT is determined to be invalid, the
remaining provisions shall continue in full force and effect.
L. Financing; Budget: This AGREEMENT does not contemplate joint financing of the
activities within its scope, nor does it contemplate a joint budget.
EXECUTED this ."_" day of _ 2003. EXECUTED this day oflNq—_,
2003.
MAYOR
CITY OF PORT ORCHARD
BOARD OF KITSAP COUNTY
COMMISSIONERS
L. Jay Weatherill, Mayor Jan A I, Chair
ATTEST:
City Clrk
Patty Lero, Camm-i`ssioAr
NOT PRESENT
Chris Endresen, Commissioner
ATTEST:
Opal Robertson, Clerk the Board
S