HomeMy WebLinkAbout9243 Docusign Envelope ID:B4617131-DOC9-488A-9371-B1A6379A0A4C
CONTRACT NO. KC-216-24
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND CITY OF BREMERTON
FOR VOLUNTEER LITTER CLEANUP SERVICES
This Interlocal Agreement (Agreement) is entered into between Kitsap County, a Washington
State political subdivision,whose principal offices are located at 614 Division Street, Port Orchard,
Washington 98366 (County), and the City of Bremerton, a Washington State political subdivision,
whose principal offices are located at 345 6th Street, Suite 100, Bremerton, Washington 98337
(City).
RECITALS
WHEREAS, under Revised Code of Washington (RCW) 70A.205.040, the County is
charged with preparing a comprehensive solid waste management plan in coordination with the
cities within the county. Since at least 2008, the cities designated the County as the lead planning
agency for solid waste management and the cities participate, along with other entities, through
the Solid Waste Advisory Committee. The cities, thereafter, also adopt the solid waste
management plan.
WHEREAS, the County, as the lead planning agency, receives Community Litter Cleanup
Program (CLCP)funds from the State of Washington Department of Ecology for the cleanup and
prevention of litter and illegal dumping on public roads throughout the county, including within city
jurisdictions.
WHEREAS, the County also owns and contracts for the operation of the Olympic View
Transfer Station (OVTS), which receives solid waste from all jurisdictions within the county, and
the payment of tipping fees for such waste.
WHEREAS, litter negatively impacts communities and present real threats to residents
and the environment. Timely cleanup of litter also helps minimize additional accumulation.
WHEREAS, the County has used and wishes to continue using CLCP funds and tipping
fees for the cleanup of litter on all public roads throughout the county. Projects that use these
funds for the benefit of the County and cities include the Adopt a Spot Volunteer Program and the
Litter Work Crew.
WHEREAS,the City wishes to continue to cooperate with the County and allow the County
to manage the cleanup of litter for the benefit of the City's public roads and thereby benefit the
citizens of the City.
WHEREAS, Kitsap and City are authorized to enter into Interlocal Agreements pursuant
to Chapter 39.34 RCW.
The Parties now, therefore, agree as follows.
AGREEMENT
A. Recitals. The Recitals set forth above are expressly incorporated into the Agreement by
this reference.
B. Purpose. The primary purpose of this Agreement is to provide a regional approach and
unified strategy to litter volunteerism in Kitsap County. This Agreement is also to memorialize the
cooperation between the City and the County regarding the litter cleanup services under the
Projects identified herein.
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C. Duration.This Agreement is in effect from the date of the last signature below and continue
through a term of ten (10) years.
D. Access. The City hereby grant to the County, and all Volunteers participating under the
Projects identified herein, a license to access the rights of way maintained by the City for the
purpose of providing the cleanup services described herein.
E. Definitions. For the purposes of this Agreement, the following terms shall have the
following meanings when they are used with initial capitalization:
1. Illegal Dumpsites means waste that cannot be remove due to safety concerns,
including but not limited to furniture, appliances, hazardous or biohazardous wastes,
tires, large piles of waste, sharps, shopping carts, items in ravines or ditches, and
encampment-related wastes.
2. Litter means small, safe, and identifiable waste that fits into provided litter bags,
including but not limited to paper, plastic, metal cans, and clothing.
F. Project 1: Litter Work Crew (Crew).
1. Description.
The Crew is composed of adult participants who are completing court-ordered services
as part of the Kitsap County Superior Court Drug Court Program. Using the Crew, the
County provides periodic volunteer roadside Litter cleanup services along City rights
of way.
2. Role of the County. For Crew events on City rights of way, the County agrees to:
a. Supervise the Crew during cleanup events.
b. Purchase and provide cleanup tools and supplies, including litter bags, grabbers,
and traffic control signs.
c. Ensure that each Crew Volunteer has signed the County Volunteer Services
Agreement, included as Attachment A.
d. Provide safety training to Crew participants.The County will provide the City with
a copy of the applicable safety guidelines prior to the event.
e. Remove litter bags following services.
f. Refer Illegal Dumpsites discovered within the City's jurisdiction to the City for
further action. Crews will not be responsible for Illegal Dumpsites on City rights
of way.
g. Respond to media and citizen inquiries and complaints.
3. Role of the City. For Crew events on City rights of way, the City agrees to:
a. Conduct a general safety assessment of and expressly authorize the sections of
right of way requested by the County for cleanup prior to any cleanup activity.
b. Maintain City rights of way as required by law to ensure the safety of Crew
participants and County staff.
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c. Provide a contact person with the City to receive requests:
d. Provide suggested worksite locations to the County when a need is discovered.
Worksites should be accessible from public transit.
G. Project 2:Adopt a Spot Program (Program).
1. Description.
Under this Program, individuals and organizations can "adopt" a portion of a public
road for a two-year duration and receive safety supplies and litter bags for easy
cleanup of that area. Scheduling for cleanup is at the discretion of the individual or
organization; County staff do not supervise the cleanup events. Litter bags are
specifically marked for the Program. The County uses the Program for litter cleanup
on public rights of way.
2. Role of the County. For Program events on City rights of way, the County agrees to:
a. Maintain a Program website, including a map of adopted locations, sign-up
forms, and program requirements.
b. Manage the intake process for individuals and organizations and ensure each
executes, as applicable, the County Volunteer Services Agreement or
Organization Volunteer Services Agreement, included as Attachment A.
c. Purchase and provide cleanup tools and supplies, including litter bags,grabbers,
and traffic control signs.
d. Provide safety training as necessary under the County Volunteer Services
Agreements.The County will provide the City with a copy of the applicable safety
guidelines for the adopted area(s).
e. Market the Program and respond to media and citizen inquiries and complaints.
f. Provide free disposal of Program litter bags brought to Kitsap County solid waste
facilities, and other designated facilities, by Program Volunteers.
g. Purchase and provide Program Volunteer Recognition signs to be installed by
the City.
h. Forward and refer to the City for further action:
i. Volunteer inquiries for cleanup on City-owned property (e.g., City parks).
ii. Reports of Illegal Dumpsites discovered in the City's jurisdiction. Program
Volunteers will not be responsible for Illegal Dumpsites on City rights of
way.
3. Role of the City. For Program events on City rights of way, the City agrees to:
a. Conduct a general safety assessment of and expressly authorize the sections of
right of way requested by Program Volunteers for cleanup prior to any cleanup
activity.
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b. Maintain City rights of way as required by law to ensure the safety of Program
Volunteers, and warn of or make safe non-obvious dangers.
c. When requested by the County, pick up Program litter bags and larger items left
at the roadside by Program Volunteers.
d. Provide a contact person with the City to receive requests from the Program.The
City's program contact person is:
Name: Ron Moore
Title: Public Works Operations Manager
Phone: 360.473.5333
Email: ron.moore@bremertonwa.gov
e. When requested by the County, install Program Volunteer Recognition signs
provided by the County at a location along the adopted rights of way within the
City that, in the City's discretion, does not impede regular road maintenance or
traffic. The City agrees to provide and replace sign posts as necessary for
maintenance.
f. Promote the Program by posting a link to the Program on the City's website and
refer Volunteers to the Program.
H. Funding. The County will use funds from CLCP and tipping fees to administer the Adopt a
Spot Program and Litter Work Crew projects.
No guarantee. The existence of the Projects identified herein does not guarantee the
cleanup of all or any City rights of way as such is dependent upon the availability of Crew and
Volunteers who are able to cleanup City rights of way and Volunteers who desire to adopt a portion
of rights of way within City jurisdiction.
J. Reporting. Upon request by the City, the County will provide to the City a summary of
services provided throughout Kitsap County. However, the County is not able to provide data that
is specific to the services within the City or to notify the City in advance of specific services.
K. Representatives. Program representatives and contract notifications contacts:
County's Representative
Name: Caitlin Newman
Title: Solid Waste Program Supervisor
Address: 614 Division Street, MS-27, Port Orchard, Washington 98366
Phone: 360.337.4898
Email: cnewman@kitsap.gov
Citv's Representative
Name: Melinda Monroe
Title: Contracts Administrator
Address: 345 6th Street STE 100, Bremerton, WA 98337
Phone: 360.473.5306
Email: melinda.monroe@ci.bremerton.wa.us
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L. Administration and Property. This Agreement does not establish or create a separate or
joint board. No joint property shall be acquired, held, or disposed of.Any real or personal property
used under result of this Agreement shall be considered and remain the property of the Party who
purchased such real or personal property.
M. Indemnity. It is understood and agreed by the Parties that this Agreement is solely for the
benefit of the parties hereto and gives no right to any other party. Each party hereto further agrees
to be responsible and assume liability for its own negligent acts or omissions, and those of its
officers, agents, and employees, to the fullest extent required by law, and agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. In the case of
concurrent negligence of both Parties, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party, and each party shall have the right to seek
contribution from the other party in proportion to the percentage of negligence attributable to the
other party. Further, as between the Parties,the City shall be solely responsible for claims or suits
arising out of the condition of the City right of way.
N. Termination. Either party may elect to terminate this Agreement for any reason by
delivering a thirty (30) day written notice of intent to terminate to the other party.
O. General Provisions.
1. Amendments. No amendment or modification to the Agreement will be effective
without the prior written consent of the authorized representatives of the parties.
2. Authority. Each person or party signing below warrants that they have the full power
and authority to execute this Agreement on behalf of the party for whom they sign.
3. Compliance with laws. The Parties agree to comply with all applicable local, state, and
federal laws and ordinances applicable to the performance of this Agreement.
4. Counterparts. The Contract may be executed in several counterparts, each of which
will be deemed an original, but all of which together will constitute one and the same
agreement.
5. Filing.This Agreement shall be filed with the County Auditor following execution by all
parties.
6. Governing Law; Venue. The Contract will be governed in all respects by the laws of
the Washington State, both as to interpretation and performance, without regard to
conflicts of law or choice of law provisions. Any action arising out of or in connection
with the Contract may be instituted and maintained only in a court of competent
jurisdiction in Kitsap County, Washington or as provided by RCW 36.01.050.
7. Headings/Captions. Headings and captions are for convenience only and are not a
part of the Contract and do not limit or amplify the terms and provisions hereof.
8. Nondiscrimination. The Parties agree that they shall not discriminate against any
person on the basis of race, color, creed, religion, national origin, age, sex, marital
status, sexual orientation, veteran status, disability, or other circumstance prohibited
by federal, state, or local law, and shall comply with Title VI of the Civil Rights Act of
1964, P.L. 88-354 and the Americans with Disabilities Act, and as amended, in the
performance of the Agreement.
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9. No Party the Drafter. The Contract is the product of negotiation between the parties,
and no party is deemed the drafter of the Contract.
10. No Third-Party Beneficiary. No provision of the Contract is intended to, nor will it be
construed to, create any third-party beneficiary or provide any rights or benefits to any
person or entity other than the County and the Contractor.
11. Severability. If a court of competent jurisdiction holds any provision of the Contract to
be illegal, invalid, or unenforceable, in whole or in part, the validity of the remaining
provisions will not be affected, and the parties'rights and obligations will be construed
and enforced as if the Contract did not contain the particular provision held to be
invalid. ,,cc-��
Dated this 27th day of September , 2024 Dated this 2e day of v " , 2024
CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON KITSAP COIUNTY, WASHINGTON
�—Signed by: -.f
GRETWAttaR, Mayor KATH INE;WALTERS, air
ATTEST: CHRIS E ROLFES, Commissioner
• Signed by:
ANG J beeER, City Clerk CHARLOTTE GARRIDO, Commissioner
APPROVED AS TO FORM: ATTE
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Signed by:
AtOkiatt rapa
KYL EWIRtE , City Attorney DANA ANIELS, Clerk of the Board
41.
F-4:74-?-01kC43.F...TME4f0.01.6:•44;111,
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ATTACHMENT A
COUNTY VOLUNTEER SERVICES AGREEMENT
,fee._,...) L.-,•cry I" r cAdOpta S of
Adopt a Spot Program: Organization Volunteer
Services Agreement
Adopting Organization Information
Agreement Contract Number'
Organization UBi#
Principal Office Address
Organization Contact
First Last
Email- Phone
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How did you hear about Adopt a Spot?
Kitsap County Website
County News Bulletin(email/text)
Social Media
Roadway Sign
Word of Mouth
Other
This Organization Volunteer Agreement("Agreement")is made by and between ("Organization"),a nonprofit or for-
profit corporation with principal offices at,and Kitsap County("County"),a municipal corporation and political
subdivision of the State of Washington.
Recitals
Kitsap County is committed to preventing and removing litter and illegal dumpsites from County roadsides and
public spaces as well as coordinating litter removal from public roads and lands.Organizations that work to support
these purposes are important partnerships of Kitsap County.
The Organization is incorporated as a nonprofit or for-profit organization registered with the Washington Secretary
of State,under UBI#.The Organization desires to assist the County to prevent and remove litter and illegal
dumpsites from County roadsides and public spaces,and to support litter removal from public roads and lands.
Agreement
A,Volunteer Services to Be Provided by the Organization.The Organization desires to perform and the County
designates the Organization to donate services at ("Project Site")situated on a public road or public right of
way and managed by Kitsap County.The Organization agrees to donate the following services(the"Volunteer
Services")to the County:
Volunteer Services:Pick up and bag litter at the Project Site described below at least twice per calendar year in
accordance with the Safety Requirements attached below.Volunteer Services also include the submission of a
Cleanup Report within ten(10)days after each cleanup event.Cleanup Reports are to be submitted on the Adopt
Spot website.
The Organization is also responsible to request supplies for cleanup events at least ten(10)days in advance of a
cleanup event using the Supply Request form on the Adopt a Spot we sit Supplies cannot be guaranteed for
requests submitted less then ten(10)days in advance.
Project Site"
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Site Type* Jurisdiction
a public road or public right of way v Kitsap County v
Adopt a Spot Safety Requirements"
•
Upload or drag files here.
Additional safety information is provided in video format on the Mgt a Soot website
B.Volunteer Service Requirements
1.The Organization's Volunteer Services are limited to cleanup of litter and similar debris;the Organization
may not construct,design,redesign,renovate,or alter any real property or facilities thereon within the
Project Site,including removal or alterations of flora,fauna,timber,and ecosystems.
2.The Organization,its members,or its volunteers may use their own equipment to perform Volunteer
Services;however,use of personal power equipment or power tools is prohibited.
3.The Organization's members and volunteers may use County-provided equipment solely for work authorized
under this Agreement.
4.The Organization will maintain a roster or list of all members or volunteers who provide volunteer services
under this Agreement.This list must reference this Agreement contract number,the Organization name and
Organization contact,as well as include the date and location of the service provided,the name,email,and
signature of each individual providing services,and the hours worked by each individual(preferably with start
and end times).At the Organization's election,a list may be created for each event.The Organization must
submit this roster or list with each Cleanup Report.
C. Nature of the Relationship Between the County and the Organization
1.The Organization must be registered with the State of Washington Secretary of State as a nonprofit or for-
profit organization.
2.The Organization's contact person identified above,or other designee,shall be responsible for(i)
coordinating Volunteer Services on behalf of the Organization,(ii)ensuring that all forms and reports
required by the County are completed and submitted through the A i ptaSpot website,and(iii)ensuring
that all Organization members and volunteers performing Volunteer Services under this Agreement have
reviewed and understand the Safety Requirements and are otherwise properly trained and capable of
providing the Volunteer Services.
3.All services provided to the County pursuant to this Agreement by the Organization's members or volunteers
are considered to be provided under the control and sponsorship of the Organization.The Organization shall
have and maintain complete responsibility for its members and volunteers. The Organization and its
members and volunteers must not undertake County functions or activities on behalf of the County beyond
the Volunteer Services authorized in this Agreement.
4.Nothing herein shall be deemed or construed as creating a relationship of employer and employee between
the parties,or between the County and any member of the Organization,or between the County and any
individual who volunteers on behalf of the Organization.The Organization,its members,and volunteers shall
have no claim against the County for wages,paid vacation,sick,or personal days,retirement benefits,social
security,worker's compensation,health or disability benefits,unemployment insurance benefits,or employee
benefits of any kind.Notwithstanding the foregoing,an employee of the County or an employee,member,or
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volunteer of the Organization is not prohibited from providing feedback on the conduct of other employees or
reporting possible violations of laws or regulations.
5.The Organization must conduct background checks of the Organization members and individuals who
volunteer for the Organization as required under RCW 43.43.830 and RCW 43.43.834.No volunteers who
will or may have unsupervised access to children,developmentally disabled persons,or vulnerable adults
may perform Volunteer Services under this Agreement without a background check.
6. If the Organization uses any volunteers who are under the age of 18,the Organization must ensure that
each legal guardian of a minor Volunteer has consented to the minor's participation and understands that the
Organization is responsible to any injury by the Volunteer except as provided in Section H.
7.The County has the right and discretion to prohibit any member or volunteer of the Organization from
performing Volunteer Services.The Adopt a Spot Coordinator will issue written notice describing the reasons
for the prohibition to the person prohibited from performing Volunteer Services and a copy of the notice will
be delivered to the Organization.A member or volunteer of the Organization who is prohibited from
performing Volunteer Services may appeal the decision of the Coordinator to the Kitsap County Public Works
Director.
D. Ethics and Code of Conduct. This Agreement is subject to chapter 3.25 Kitsap County Code(KCC)"Code of
Ethics for Kitsap County Officials and Employees."No employee of the County may serve on the board of the
Organization,even in an ex-officio capacity,and may not represent the Organization.Employees of the County may
offer advice and direction on the Organization's decisions affecting the relationship between the County and the
Organization. County employees may perform work with the Organization as part of the County employee's official
duties where appropriate and mutually agreed upon by the Director of the Public Works Department.County
employees may attend and participate in meetings of the Organization in an advisory,nonvoting capacity.
E.The Organization's Compliance with_County Directions Policies and Procedures,The Organization and all
members and volunteers must adhere to the provisions of the Safety Requirements attached hereto that has been
prepared by the County for the Project Site as well policies and procedures related to County property.The
Organization further understands that the County may inspect the Project Site assigned to the Organization as the
County deems appropriate or necessary.
F Duration of Agreement and Termination,This Agreement shall be effective for a period of two years from the last
date the Agreement is executed by the parties unless it is terminated earlier by one of the parties in accordance
with the terms of this Section.This Agreement may be renewed for additional two-year terms upon written
agreement of the parties prior to expiration.This Agreement may be terminated by either party at any time after ten
(10)days written notice of termination is given to the non-terminating party.The Agreement may also be terminated
immediately,or an amendment negotiated,if authorization to allow volunteers on the project site is denied or
revoked. Any equipment in the possession of the Organization at the time of termination must be promptly returned
to the County.
G. Insurance.The Organization will maintain public liability insurance for harm caused to others for which it is
directly or vicariously liable in not less than the amounts applicable to the Organization in RCW 4.24.670. The
public liability insurance also must not exclude any activity to be performed in fulfillment of the Agreement.
H. Indemnification To the fullest extent permitted by law,the Organization shall indemnify,defend and hold
harmless Kitsap County and its elected and appointed officials,officers,employees and agents from and against all
claims resulting from or arising out of the performance of this Agreement,whether such claims arise from the acts,
errors or omissions of the Organization,its officers,members,volunteers,employees,its subcontractors or agents,
third parties,or Kitsap County,or anyone directly or indirectly employed by any of them or anyone for whose acts,
errors or omissions any of them may be liable."Claim"means any loss,claim,suit,action,liability,damage or
expense of any kind or nature whatsoever,including but not limited to attorneys'fees and costs,attributable to
personal or bodily injury,sickness,disease,or death,or to injury to or destruction of property,including the loss of
use resulting therefrom.The Organization's duty to indemnify,defend and hold harmless includes but is not limited
to claims by the Organization or any of the Organization's officers,members,volunteers,employees,its
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subcontractors or agents,third parties,or Kitsap County.The Organization's duty,however,does not extend to
claims arising from the sole negligence or willful misconduct of Kitsap County or its elected or appointed officials,
officers or employees.This indemnification provision shall survive the expiration or termination of this Agreement.
This Indemnification also applies to any claim of infringement of copyright,patent,trademark,or other proprietary
rights of any third persons arising out of performance of this Agreement or use by the County of materials furnished
or work performed under the Agreement. The Organization hereby consents to use of the voice,actions,name,
appearance,and other indicia of likeness of the Organization's members and volunteers as captured in footage,
recordings,or photographs of them performing Volunteer Services in all media,in perpetuity,throughout the world,
solely for the County's charitable,educational,publicity,fundraising,and promotional purposes.This indemnification
provision shall survive the expiration or termination of this Agreement.
I.Confidentiality The Organization fully understands that in the process of performing the Volunteer Services
hereunder,the Organization may have access to confidential non-public information of the County.The
Organization agrees that the Organization shall not divulge,communicate,or in any way make use of any
confidential or sensitive information acquired while performing Volunteer Services hereunder,except with the prior
written consent of the County.
J.General Provisions
1.Recitals.The recitals set forth above are incorporated into and form a part of the terms and conditions
herein.
2.Amendments.No amendment or modification to the Agreement will be effective without the prior
written consent of the authorized representatives of the parties.
3.Successors.To the extent permitted by law,the Agreement is binding on the parties'respective
partners,successors,assigns,executors,and legal representatives.
4.Aaignments.Except with the prior written consent of the other party,each party shall not assign or
transfer,including by merger(whether that party is the surviving or disappearing entity),consolidation,
dissolution,or operation of law any right,duty,obligation,or remedy under the Agreement. Any
purported assignment or transfer in violation of this section shall be void.
5.Nondiscrimination.The Organization and its members and volunteers shall not discriminate against
any person on the basis of race,color,creed,religion,national origin,age,sex,marital status,sexual
orientation,veteran status,disability,or other circumstance prohibited by federal,state,or local law,
and shall comply with Title VI of the Civil Rights Act of 1964,P.L.88 354 and Americans with
Disabilities Act of 1990 in the performance of the Agreement.
6.Public Records.The Organization agrees that the Agreement and all records associated with the
Agreement shall be available to the County for inspection and copying by the public pursuant to the
Public Records Act,Chapter 42.56 RCW("Act"). If the County determines that records in the custody
of the Organization are needed to respond to a request under the Act,the Organization shall make all
such records promptly available to the County at no cost to the County.With the exception of this
Agreement,if the Organization considers any portion of any record,electronic or hard copy,to be
protected from disclosure under the Act,the Organization shall clearly mark or otherwise identify all
specific information on the record that it claims to be confidential or proprietary.If the County receives
a request under the Act to inspect or copy proprietary information that has been identified by the
Organization as protected from disclosure and the County determines that release of the information
is required by the Act or otherwise appropriate,the County's sole obligation will be to make a
reasonable effort to notify the Organization of the request and the date that such protected
information will be released unless the Organization obtains a court order to enjoin disclosure
pursuant to RCW 42.56.540. If the Organization fails to timely obtain a court order enjoining
disclosure,the County will release the requested information on the date specified.The County has
no obligation on behalf of the Organization to claim any exemption from disclosure under the Act.The
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County will not be liable to the Organization, its members,or its volunteers for releasing records
pursuant to the Act,
7. Record Retention.The Organization shall retain all records relating to the Volunteer Services provided
under this Agreement for six(6)years after expiration or termination of the Agreement,or longer if
requested by the County.
8.Waiver.Either party's failure to insist upon the strict performance of any provision of the Agreement,
or to exercise any right based upon a breach thereof or the acceptance of any performance during
such breach,will not constitute a waiver of any right or remedy under the Agreement unless expressly
so agreed in writing by an authorized representative.
9.Governing Law and Venue.The Agreement will be governed in all respects by the laws of the State of
Washington,both as to interpretation and performance,without regard to conflicts of law or choice of
law provisions. Any action arising out of or in connection with the Agreement may be instituted and
maintained only in a court of competent jurisdiction in Kitsap County,Washington or as provided by
RCW 36.01.050.
10.No Party the Drafter.The Agreement is the product of negotiation between the parties,and no party is
deemed the drafter of the Agreement.
11.No Third-Party Beneficiary,No provision of the Agreement is intended to,nor will it be construed to,
create any third-party beneficiary or provide any rights or benefits to any person or entity other than
the County and the Organization.
12.Severability,If a court of competent jurisdiction holds any provision of the Agreement to be illegal,
invalid,or unenforceable,in whole or in part,the validity of the remaining provisions will not be
affected,and the parties'rights and obligations will be construed and enforced as if the Agreement did
not contain the particular provision held to be invalid.If any provision of the Agreement is determined
to conflict with any statutory provision of state or federal law,the provision will be deemed inoperative
to the extent of the conflict or modified to conform to statutory requirements.
13.Counterparts.This Agreement may be executed in several counterparts,each of which will be
deemed an original,but all of which together will constitute one and the same agreement.
14.Survival.Those provisions of this Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive. Those provisions include,without
limitation:Sections F(Insurance),G(Indemnification),H(Confidentiality),and I(General Provisions).
15.Entire Agreement.The parties acknowledge the Agreement is the product of negotiation between the
parties and represents the entire agreement of the parties with respect to its subject matter.All
previous agreements and representations,whether oral or written,entered into prior to this
Agreement are hereby revoked and superseded by the Agreement.
16.Authorization.Each party signing below warrants to the other party that they have the full power and
authority to execute this Agreement on behalf of the party for whom they sign.
Organization Signature
Date
4/3/2024
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Signature
Name
Title
Agreement Expiration
4/3/2026
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Docusign Envelope ID:B4617131-DOC9-488A-9371-B1A6379A0A4C
PI
i
Ads t a S of
: "If
Adopt a Spot Program: Volunteer Services
A -fi"tnent & Release of Liability
Thank you for your interest in volunteering for the Kitsap CountyAdopt a Spot Program lAs a Kitsap County
volunteer,please agree to the terms of this agreement by signing and dating below.
Volunteer information
Agreement Number
Name*
First Last
Email Phone
KC-216-24 City of Bremerton Interlocal Agreement for Volunteer Litter Cleanup Services 14 I P a g e
Docusign Envelope ID:84617131-DOC9-488A-9371-B1A6379A0A4C
Address
Address Line 1
Address Line 2
City State v Zip Code
Emergency Contact Name
First Last
Emergency Contact Phone
Will you be joined by additional volunteers?
Q Yes-I am a cleanup organizer. No-I will be solo.
• Volunteer Service Requirements
The volunteer(s)named in this agreement agree to:
• Pick up and bag litter at the location described below at least two(2)times per calendar year. More cleanups
are welcomed if needed.
• Read and follow the Safety Requirements attached below,and stay safe during cleanup.
• Submit a Cleanup Report on the Adout a Spot website after each cleanup within ten(10)days.
• Request supplies for cleanup events at least ten(10)days in advance using the Supply Request Form on
the Adopt a Spot website.Supplies cannot be guaranteed for requests submitted less then ten(10)days in
advance
• Contact Adopt a Spot at adoptaspot oikitsap.gov to report incident or injury during volunteer services.
Adopted Location-
Jurisdiction Location Type
Kitsap County v Public road Public property
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Adopt a Spot Safety Requirements'
I Upload I or drag files here.
Additional safety information is provided in video format on the Adoot a Soot website
Volunteer's Release of Liability
By signing below, I agree that I understand and consent to these statements.
• It is my desire and intention to perform volunteer services without compensation of any kind for Kitsap
County.
• I agree to follow the safety requirements and program instructions closely. Injury may be avoided by
adhering to safety rules and safety procedures.I agree to always conduct volunteer service in a safe and
professional manner.
• I understand that providing volunteer services does not constitute County employment,and I am not entitled
to any County benefits including,but not limited to,overtime,retirement benefits,workers'compensation,
sick leave,or injury leave. I understand that the County undertakes no liability or financial obligation on
behalf of me because of the volunteer services,and that my own health,homeowners, umbrella,and auto
insurance(if any)shall provide coverage in the event of any injuries or losses to me or to others arising out
of the volunteer services.
• I agree to assume and accept any and all risks,or in the alternative waive all rights to notice of risks,
connected or associated with the volunteer service. I agree that Kitsap County shall not be held liable to me
in any way for injuries,death,damage to property,or other injuries,damages,or loss of any kind
whatsoever,arising out of or in any way resulting from the actions,inactions,or negligence of myself,or of
others,or in the condition of the property,or of any equipment used.To the fullest extent permitted by law, I
agree to protect,defend,indemnify,and save harmless Kitsap County,its officers,officials,employees,and
agents,from any and all claims,demands,suits,penalties,losses,damages,judgments,or costs of any kind
whatsoever,arising out of or in any way resulting from the volunteer service,except for such acts or
omissions as may constitute gross negligence by Kitsap County.This assumption of risk,release of claims,
and indemnification shall be affective as to my successors in interest,heirs,and assigns.
• I am fully aware of the possible hazards of volunteering for the County,and I am aware that in volunteering I
may incur personal injury and/or property damage.I understand that my volunteer services may include a
variety of physical hazards,including but not limited to,the use of tools,and extremely rugged,uneven,and
steep terrain.
• I attest that I am physically fit,able,and qualified to participate in this volunteer activity. I am participating in
these activities with knowledge of the risks involved and I hereby agree to accept any and all risks of injury or
death.If necessary,I have communicated any accommodations needed to perform this work prior to signing
this agreement
• I understand that any volunteer may resign by notifying Adopt a Spot staff.The County has the right to
terminate its association with a volunteer at any time and for any reason,with notice.Reasons for dismissal
may include but are not limited to:violations of law,regulations,or County policies or procedures;intentional
or willful misconduct;gross negligence;communicating misleading,inaccurate,or overly subjective
information to County residents,customers,visitors,or other volunteers;misrepresentation of the Kitsap
County Public Works Department or its objectives;lack of authority to place volunteers at the location;or
placing persons or property at risk.
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• I agree that I will not have unsupervised access to minors,persons with developmental disabilities,and
vulnerable adults during volunteer services.
• I authorize that all necessary first aid steps may be taken as prescribed by qualified personnel. I grant full
permission to use any photographs,videotapes,recording or any other record of this program for publicity
purposes.
Volunteer Age
• I agree that volunteers under age 15 may not provide volunteer services on roadsides.
• I agree that volunteers under age 18 must be supervised by their parent/guardian during volunteer services.
• I agree that the parent/guardian of volunteers under age 18 must sign and date a Volunteer Services
Agreement on behalf of their minor child.
Cleanup Organizers
• I agree to organize cleanups and take responsibility for volunteers in my group.
• I agree to have all volunteers sign a Volunteer Services Agreement prior to cleanup,and to submit these
Agreements to Adopt a Spot.
• I agree to require volunteers to follow the Adopt a Spot Safety Requirements.
• I agree to conduct a safety training for all volunteers prior to cleanup activity using the information in the
Safety Requirements.
• I agree to bring a basic first aid kit to cleanups.
Signature
x
draw type
Date Agreement Expiration Date
4/3/2024 4/3/2026
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Iditional Volunteers
Who are the additional volunteers that will join you?Select all that apply.
Members of my household Neighbor/Friend(outside household) Neighborhood Event
r Satie
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.utsap County Signature
Date
4/3/2024
Signature
Andrew Nelson,Director
Kitsap County Public Works Department
61$r Save
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