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Home My WebLink AboutKitsap CountyKC-225-23 Mason County Residential HHW Collection and Disposal Opportunities 1 | Page CONTRACT NO. KC-225-23 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 (“Plan”) was written pursuant to Revised Code of Washington (RCW) 70.95.220 and adopted by the Kitsap County Commissioners; WHEREAS, Kitsap constructed the HHW Collection Facility (“Facility”) and has operated the Facility since April 18, 1996; WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to Kitsap County residents; WHEREAS, HHW disposal is funded through a combination of tipping fees collected at Olympic View Transfer Station and a portion of the Local Solid Waste Financial Assistance Agreement between the State of Washington Department of Ecology and Kitsap County; WHEREAS, Mason residents have utilized the Facility over the past twenty-seven (27) years and desire to continue use of the Facility; 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; 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; WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the waste stream set forth in Attachment A, attached hereto; WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to Mason residents for the fee to Mason set forth below; 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: AGREEMENT 1. RECITALS. The recitals are hereby incorporated into the Agreement by this reference. KC-225-23 Mason County Residential HHW Collection and Disposal Opportunities 2 | Page 2. PURPOSE. The purpose of this Agreement is to provide a location for Mason residents to properly dispose of household hazardous waste. 3. KITSAP OBLIGATIONS A. 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. B. 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. Mason shall make payment within thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to support billings under this Agreement. 4. MASON OBLIGATIONS A. 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. B. Mason agrees to reimburse Kitsap $55.00 per documented Mason customer. Notwithstanding the preceding, Mason payments are not to exceed $60,500.00 per year (1,100 customers) unless specifically approved in writing in advance. 5. DURATION. This Agreement shall commence at time of signing, with the effective date on July 1, 2023, for purposes of cost reimbursement for services, and shall extend through June 30, 2024. The parties may agree to extend this Agreement for an additional year by amendment as set forth below. 6. TERMINATION A. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole discretion, that such termination is in the best interests of Kitsap. 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. B. 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. C. 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. 7. INDEMNIFICATION. Each party to this agreement shall hold harmless, defend and indemnify the other party and the other party’s officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys’ fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, to the extent caused by or arising out of the acts, errors or omissions of the indemnitor or its officers, officials, employees and agents in the performance of this agreement; provided, however, that the indemnitor’s obligation under this section shall not KC-225-23 Mason County Residential HHW Collection and Disposal Opportunities 3 | Page extend to injury, sickness, disability, death or damage caused by or arising out of the acts, errors or omissions of the indemnitee or its officers, officials, employees or agents. Solely for the purposes of this provision, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. This section shall survive termination or expiration of this agreement. 8. AMENDMENT. 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. 9. ADMINISTRATION. No separate entity is created by this Agreement. This Agreement shall be administered by, and all notices and payments shall be sent to, the following representatives: For Kitsap County: Kitsap County Public Works, Solid Waste Division 614 Division Street, MS-27, Port Orchard, Washington 98366 Attn: Christopher Piercy, Solid Waste Senior Operations and Maintenance Manager For Mason County: Mason County Public Works Department, Utilities and Waste Management Division P.O. Box 578, Shelton, Washington 98584 Attn: Richard Dickinson, Deputy Director of Utilities and Waste 10. PROPERTY. Any property purchased under this Agreement shall be the property of the purchaser. 11. ASSIGNMENT. No party may assign their rights or obligations under this Agreement without the approval of the other. 12. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor. 13. DISPUTE RESOLUTION. If a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one (1) member to the Dispute Board and those members shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto, subject to judicial review as authorized by law. 14. NONDISCRIMINATION. Mason and Kitsap agree to comply with all applicable local, state, and/or federal laws and ordinances, and agree that they shall not discriminate in their employment practices or delivery of services or other activities on the grounds of race, color, religion, national origin, age, sex, marital status, veteran status, sexual orientation, or the presence of any sensory, mental or physical handicap. 15. COMPLIANCE WITH LAWS. Mason and Kitsap agree to comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the performance of this Agreement, including compliance with all the provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such Act. KC-225-23 Mason County Residential HHW Collection and Disposal Opportunities 5 | Page ATTACHMENT A A-Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons END OF ATTACHMENT A