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Home My WebLink About4778 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4778 KITSAP CO/BAINBRIDGE ISLAND/PORT ORCHARD/POULSBO/ Designate KC Lead Agency - Rev Comp Solid Waste Plan PW Admin LEG 12-1 12/23/2008 12/22/2018 01/01/2018 SUQUAMISH-PORT GAMBLE S'KLALLAM TRIBES fr>~\Q)~ ~YU- li INTERLOCAL AGREEMENT KC-184-08 BETWEEN KIT SAP COUNTY AND CITIES OF BAINBRIDGE ISLAND, BREMERTON, PORT ORCHARD, POULSBO / SUQUAMISH, PORT GAMBLE S'KLALLAM, TRIBES DESIGNATING KITSAP COUNTY AS THE'LEAD AGENCY FOR THE REVISION OF THE COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN WHEREAS, RCW 70.95.020 assigns primary responsibility for solid waste planning to local government; and I WHEREAS, RCW 70.105.007(3) assigns responsibility for moderat, ~ ~ government; and 1#' WHEREAS, RCW 70.95.010 states that solutions to the state' I p~ ~ problems require regional solutIons by local governments as 10 - d cooperation; and ------- - WHEREAS, RCW 70.95.090 requires the comprehensive solid waste management plan to include the estimated long-range planning needs for solid waste handling facilities projected twenty years into the future; and WHEREAS, RCW 70.95.110 requires all solid waste management plans be maintained in a current condition to be reviewed and revised periodically; and WHEREAS, RCW 70.95.080 requires counties, in cooperation with the various cities located within such county, to prepare a coordinated, comprehensive solid waste management plan; and WHEREAS, RCW 70.95.080 also requires each city to (1) prepare and deliver to the county, an independent solid waste management for integration into the county plan; or (2) enter into an agreement with the county to participate in the preparation of a joint city-county plan for solid waste management; or (3) authorize the county to prepare a plan for the city's solid waste management for inclusion in the comprehensive county solid waste management plan; and WHEREAS, RCW 70.105.220 requires each local government to prepare a local hazardous waste management plan which may be amended as the needs arises; and WHEREAS, local governments may choose to either include a moderate risk waste element of their solid waste plans; or develop moderate risk waste plans separately from their solid waste plans, recognizing that if the local government chooses not to combine the two plans, both plans should be coordinated; and . WHEREAS, Kitsap County has established a Solid Waste Advisory Committee (SW AC) in . accordance with RCW 70.95.165 to assist in the development and review of programs and policies concerning solid waste handling and disposal, consisting of representatives of each of Page 1 of 10 the incorporated cities, Indian tribes, federal facilities, County Commissioner's districts, business, and the solid waste industry; and WHEREAS, the 1999 Kitsap County Comprehensive Solid Waste Management Plan, as adopted by the Kitsap County, the incorporated cities and Indian tribes within the county and approved by the Washington State Department of Ecology, incorporates both solid waste and moderate risk waste plans; and WHEREAS, for solid waste and moderate risk waste planning purposes, Kitsap County attributes to a federally-recognized Indian tribe the same status as a city, as referred to in Chapter 70.95 RCW and Chapter 70.105 RCW; and WHEREAS, it is necessary for grant application purposes to designate the lead solid waste planning agency and for local governments participating in the solid waste management planning process to agree to the planning process; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is hereby agreed: I. PURPOSE OF AGREEMENT It is the purpose of this agreement to provide for the updating of the Kitsap County Comprehensive Solid Waste Management Plan as mandated in Chapters 70.95 and 70.105 RCW, for collection, recycling and disposal of solid and moderate risk waste produced or generated within the boundaries of Kitsap County, pursuant to the Department of Ecology Planning Guidelines. II. AUTHORITY AND RESPONSIBILITIES A. Kitsap County shall act as lead agency for review of the 1999 Kitsap County Comprehensive Solid Waste Management Plan, and for preparation of the 2009 revised Comprehensive Solid Waste Management Plan (CSWMP), incorporating both solid waste and moderate risk waste elements. B. It is understood that the planning effort will be coordinated through the Solid Waste Advisory Committee (SW AC), and that the Department of Ecology will consider approval of the revised CSWMP only after all local jurisdictions participating in the planning process have adopted the revised CSWMP by resolution. C. Responsibilities for implementation of solid waste programs (including moderate risk waste) will be delineated in the adopted CSWMP. D. No separate entity is being created by this Agreement. III. FINANCING AND BUDGET The County shall maintain a Solid Waste Management Fund as a special fund within the, County budget. All revenues and expenses in connection with. the Solid Waste Management Program subject to this Agreement shall be budgeted and accounted for through this fund. Receipts deposited in the Solid Waste Management Fund shall be used only for solid waste management purposes unless otherwise required by law, grant, Page 2 ofl 0 regulation or separate contract. Funding for the CSWMP update process will be provided solely through the Kitsap County Solid Waste Management. Fund. Funding for plan implementation will be as stated within the Plan. IV. PROPERTY RIGHTS Title to all property acquired with funds from the Solid Waste Management Fund shall vest in Kitsap County. In the event of sale of any surplus property, such funds shall be deposited in the Solid Waste Management Fund unless otherwise required by law, grant, regulation or contract. However, if the Solid Waste Management Fund does not require the revenue generated by the sale of such property, it shall be disbursed to participating jurisdictions by an agreed upon formula to be worked out at time of sale. V. DISPUTE RESOLUTION Any disputes arising under the terms of this agreement shall be resolved through negotiation and consensus; provided that should negotiation and consensus fail to resolve the issue, it shall be submitted to a mediation panel consisting of the SW AC membership for resolution. Final authority to resolve disputes shall rest with the Board of County Commissioners subject to court review by writ of certiorari for arbitrary and capricious action; provided that the writ is filed within thirty (30) days of the BOCC decision. VI. ADMISSION OF NEW PARTIES Additional municipal entities may be added to this Agreement upon such terms and conditions as the participating governments and the new party agrees upon in writing. VII. PLAN ADOPTION The Kitsap County Comprehensive Solid Waste Management Plan and any subsequent plan updates shall be deemed to have been adopted when the planes) have been approved by governing bodies (county commission, city/town councils) representing 75% of the population (as set forth by the Washington State Office of Financial Management) of Kitsap County. VIII. AMENDMENTS This document may be amended at any time following the recommendation of the Solid Waste Advisory. Committee and approval by governing bodies (county commission, city/town councils) representing 75% of the population (as set forth by the Washington State office of Financial Management) of Kitsap County. The process for adopting an amendment to this agreement shall be the same as that followed for its original adoption. IX. TERM Commencing on the date this Agreement is last executed, it shall continue for a term of ten (10) years. Any party hereto may withdraw and terminate its rights and obligations under this Agreement if it is their intention to establish their own Plan, satisfying all requirements to Page 3 of 10 do so under the applicable laws of the State of Washington. In such cases, twelve (12) months' notice of intent to withdraw shall be given to all parties hereto. X. EFFECTIVE DATE This Agreement shall be effective upon its execution by the Kitsap County Board of Commissioners after execution by all other participating governments. XI. FILIN G This Agreement shall be filed with the Kitsap County Auditor as required by RCW 39.34.040. This Agreement shall be effective upon execution by the parties. Dated this dayd...3 r Iv of b ~ 2008. BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON ~ ~~'L.J STEVE BA R, Chair w 15~~ JOS ROWN, Commissioner JANA~Si~r9- AY!'t~ Ufb ~~ I Opal Robertson, Clerk of the Board Page 4 of 10 INTERLOCAL AGREEMENT KC-184-08 DatedthiSday&"tJ""Of ~ 2008. ATTEST: -UO~"Ad.."1l. ~~ Rosalind Lassoff, City erk APPROVED AS TO FORM: ~VVl G (,J (.f I Paul McMurray, City Attorney CITY OF BAINBRIDGE ISLAND ~ Darlene Kordonowy, Mayor Page 5 of 10 INTERLOCAL AGREEMENT KC-184-08 Dated this day 0l6..W of A(/13<U..Lt; 2008. CITYOFBRE~ ~ ~r' Cary eman, Mayor ATTEST: APPROVED AS TO FORM: Page 6 of 10 INTERLOCAL AGREEMENT KC-184-08 q'fft of Spfirrlxt. 2008. Dated this day APPROVED AS TO FORM: Page 7 of 10 INTERLOCAL AGREEMENT KC-184-08 Dated this day I ~TH of A- uC.uST 2008. CITY OF POULSBO ~r ATTEST: ~~ ..JILL P\. 6cLT~ APPROVED AS TO FORM: ~{. INTERLOCAL AGREEMENT KCJSt08 Dated this day ~ of tV 0'1I'~2008. PORT GAMBLE S'KLALLAM TRIBE , ribal Council / Tribal Manager ROl'\a 101 Q \\0.1{'. \~ ATTEST: ~ Ih. fn--- ~(;: A '-, . CE tJ 1..0. iJ 'f \ e. il'\ a .tt.3o 'Y) APPROVED AS TO FORM: A~ f)~ "Ro3; \'\U 6(v\(Wl~ (C(QJ[Plf . THE SUQ'UAMISH TRIBE OFFICE OF THE TRIBAL ATTORNEY Post Office Box 498 Suquamish, WA 98392-0498 Phone (360) 598-3311 Legal Dept. Fax (360) 598-4293 December 5,2008 :REC '~[j:; . , W~;_ ',~, l..' .. DE.e 0 9 2008 ~ KITSAP COUNTY SOLID WASTE Patricia Campbell KitsapCounty Department of Public Works Solid Waste Division 614 Division Street M.S. 27 Port Orchard, W A 98366 Re: Interlocal Agreement KC-184-08 Dear Ms. Campbell: The purpose of this letter is to notify you that the Suquamish Tribal Council has declined Kitsap County's request to be a signatory to Interlocal Agreement KC-184-08. This Interlocal . Agreement designates Kitsap County as the lead agency for the revision of the comprehensive solid waste management plan and has been executed by other local jurisdictions. Although the Suquamish Tribe ("Tribe") is unwilling to become a signatory to this Interlocal Agreement because of several objectionable terms, the Tribe is interested in engaging in meaningful participation in this process. For these reasons, the Tribe is willing to develop a Memorandum of Understanding ("MOU") between the Tribe and parties to the Intedocal Agreement that provides a mechanism for the Tribe to provide meaningful non-binding participation concerning the revision of the comprehensive solid waste management plan. Weare prepared to work with the County and other jurisdictions to reach consensus on the tenns of the MOU. Please contact me at your convenience at (360) 394-8488 if you have questions or need additional clarification. Sincerely, ~ INTERLOCAL AGREEMENT KC-184-08 Dated this day of 2008. SUQUAMISH TRIBE Tribal Council/Tribal Manager ATTEST: APPROVED AS TO FORM: Attorney Page 10 of 10