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Interlocal 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 KC-465- 16 HHW Disposal for Mason County Residents 1 I P a r e 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, KC-465- 16 HHW Disposal for Mason County Residents 21 P a �g e 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 / () PV/ S � • PTEp° . � , ATTEST : ATTEST . f � '::0 n / S M Clerk o , he Board Dana Daniels , Clerk of the Bob ®� Or �, !/ NCa� • 00 4r` Approved as to form : Approved as to form by the Kitsap CounlyProsecufing Tim Whitehead, ; ' Attorney's Office KC-465- 16 HHW Disposal for Mason County Residents 31 P a ? e EXHIBIT 1 A- Fuels Aerosols Antifreeze Auto Batteries Cleaners Household Batteries Latex Paints Mercury Lamps Motor Oil Oil Based Paints Poisons KC-465- 16 HHW Disposal for Mason County Residents 4 P a g e