HomeMy WebLinkAboutKitsap County CONTRACT NO. KC-495-19 MC Contract#19-098
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES
This agreement is executed between Kitsap County ("Kitsap") and Mason County ("Mason") for
the purpose of providing a permanent site with year-round availability for proper disposal of
household hazardous waste("HHW')to Mason County residents at the Kitsap County Household
Hazardous Waste Collection Facility.
BACKGROUND
WHEREAS, the Kitsap County Moderate Risk Waste ("MRW') Management Plan
(hereinafter the"Plan")was written pursuant to RCW 70.95.220 and adopted by the Kitsap County
Commissioners; and
WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter"the Facility")and
has operated the Facility since April 18, 1996; and
WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to
Kitsap County residents; and
WHEREAS, HHW disposal is funded through a combination of tipping fees collected at
Olympic View Transfer Station and the Local Solid Waste Financial Assistance Agreement
between the State of Washington Department of Ecology and Kitsap County; and
WHEREAS, Mason residents have utilized the Facility over the past twenty-three (23)
years and desire to continue use of the Facility; and
WHEREAS, Kitsap and Mason share common goals to protect watersheds; protect
groundwater and drinking water quality; provide opportunities for residents to properly dispose of
HHW; educate residents about potential hazards regarding storage of hazardous products; and
WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in the
public welfare to enter into an interlocal agreement pursuant to RCW 39.34 regarding these
common goals; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason
residents for the waste stream set forth in Attachment A, attached hereto; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason
residents for the fee to Mason set forth below; and
WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW;
NOW THEREFORE, the parties mutually agree as follows:
KC-495-19 Mason County Agreement for HHW Disposal Services for Residents 1 I r' a a e
The recitals are hereby incorporated into the Agreement by this reference.
Kitsap shall make its facility services available to Mason residents according to the terms
of this Interlocal Agreement, and shall serve as the "lead entity" in the ongoing administration and
implementation of this Agreement.
Mason agrees to (a) advertise the expanded opportunities for HHW collection to Mason
residents; and (b) provide Kitsap with Mason specific MRW education materials for distribution to
Mason customers.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year (1,100
customers) unless specifically approved in writing in advance.
Kitsap shall submit monthly invoices for collection and disposal services pursuant to this
Agreement to which Kitsap is entitled to compensation. Invoices shall detail the number of Mason
customers who utilized the Facility. Mason shall make payment within thirty (30) days following
receipt of billing. Kitsap shall maintain adequate records to support billings under this Agreement.
This Agreement shall commence at time of signing, with the effective date on July 1, 2019,
for purposes of cost reimbursement for services, and shall extend through June 30, 2021. The
parties may agree to extend this Agreement for an additional year by amendment as set forth
below.
Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion,
that such termination is in the best interests of Kitsap County. Termination of this Agreement by
Kitsap at any time during the term, whether for default or convenience, shall not constitute a
breach of this Agreement.
Mason County may terminate this Agreement upon provision of sixty (60) days written
notice to Kitsap, and shall be liable for all actual costs incurred through the termination date
specified in such notice, consistent with the per customer fees prescribed above.
If sufficient funds are not appropriated or allocated for payment under this Agreement for
any future fiscal period by Mason, Kitsap shall not be obligated to provide services after the end
of the current fiscal period.
Mason and Kitsap agree to defend, indemnify and hold harmless each other, at their sole
expense, including attorneys' fees, from and against any and all claims, demands, losses,
damages, liabilities, and expenses of any nature whatsoever, including, but not limited to personal
injury or property damage, arising out of the performance of this Agreement,whether the demand,
loss or claim is due to the negligence of either Mason, or Kitsap, or of their elected and appointed
officials, officers, employees and agents, except for injury or damages caused by the sole
negligence or willful misconduct of either Kitsap or Mason, its elected or appointed officials,
officers, employees or agents.
This Agreement may be amended only upon the written agreement of the parties executed
with the same formalities required for the execution of this Agreement. There will be a review of
per customer costs if an extension is desired.
KC-495-19 Mason County Agreement for HHW Disposal Services for Residents 2 I f-• - e
No separate entity is created by this Agreement and any property purchase under this
Agreement shall be the property of the purchaser.
This Agreement shall be, at a minimum, recorded with the Kitsap County Auditor.
Any notices and payments shall be mailed to:
For Kitsap County: For Mason County:
Kitsap County Public Works Mason County Public Works Department
Solid Waste Division Utilities and Waste Management Division
614 Division Street, MS-27 P.O. Box 578
Port Orchard, Washington 98366 Shelton, Washington 98584
Attn: Patricia Campbell Attn: Loretta Swanson
DATED this. day OrAbir , 2019 DATED this 2. day DEat—ii3(/.., 2019
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
KEVIN SHU , Chair EDW RD E. WOLFE, Ch!r
-SHARON TRASK, Commissioner TTE R , Commissioner
R DIf N AT RLIN, Commissioner ROBE LDER, mmissioner
Cam ),
ATTEST: ATTEST: ifQ0•''(ATE ••scAtft
baAL M �O: :m �
ys ' i
Me sa •r-wry, Clerk f the Board Dana Daniels, Clerk of the Board i�e �`''/Ncj .Off. .*,!
Approved as to form: Approved as to form by the Kitsap County �����.•.�
Tim Whitehead, Chief DPA Prosecuting Attorney's Office
raj/i/i ti
KC-495-19 Mason County Agreement for HHW Disposal Services for Residents 3 I P a g e
ATTACHMENT A
A-Fuels
Aerosols
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
KC-495-19 Mason County Agreement for HHW Disposal Services for Residents Wage