HomeMy WebLinkAboutInterlocal Agreement between Kitsap County and Mason County - Interlocal Agreement KC -465A
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 a portion of the Coordinated Prevention
Grant between the State of Washington Department of Ecology and Kitsap County ; and
WHEREAS , Mason residents have utilized the Facility over the past twenty (20 )
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 Exhibit 1 , 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
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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 .
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 and describe their waste stream . A copy of Mason
customer sign in sheets will accompany each invoice . 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
January 1 , 2017 , for purposes of cost reimbursement for services , and shall extend
through December 31 , 2018 . 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,
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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 .
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 , and the contract shall be administered by :
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 : Melissa McFadden
DA I ED this T day r�V �, 2016 DATED this l�- day , ) -cZ 2016
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
���.
TERRI JEF Y , Chair ED D E . WOLFE , Chair
TIM SHELDON , Commissioner C TE G - IDnnO , Commissioner
DY NEATHE LIN , Commissioner ROBERT GELDER , Commissioner
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ATTEST : ATTEST . f � '::0
n / S M
Clerk o , he Board Dana Daniels , Clerk of the Bob ®� Or
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Approved as to form : Approved as to form by the Kitsap CounlyProsecufing
Tim Whitehead, ; ' Attorney's Office
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EXHIBIT 1
A- Fuels
Aerosols
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
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