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4092
KITSAP CO PUBLIC WORKS/BAINBRIDGE ISLAND/PORT ORCHARD/
Solid Waste Disposal - Vendor Selection
PW Admin
LEG 12-1
05/08/2000
05/31/2025
06/15/2010
POULSBO KC-021-00
No withdrawal before 5 yrs
Opt out per section 4
Review date for tracking only
KC-021-00
INTERLOCAL AGREEMENT REGARDING
SOLID WASTE DISPOSAL VENDOR SELECTION
THIS AGREEMENT is executed by and among Kitsap County ("County") and
the cities of Bainbridge Island, Bremerton, Port Orchard and Poulsbo (the "Cities") (the
County and the Cities are collectively referred to herein as "the Parties") for the purposes
of procuring competitively-priced transfer station and solid waste disposal services;
promoting the health, safety and welfare of the County's and Cities' residents; protecting
the natural environment throughout the County. The Parties enter into this Interlocal
Agreement ("Agreement") effective as of the date set forth in Section 8(A) for the
purposes and under the terms contained herein.
WHEREAS, the Parties have cooperated in developing and implementing the
County's comprehensive solid waste management plan pursuant to RCW 70.95 ("the
Plan") on behalf of the County and the Cities; and
WHEREAS, Olympic View Sanitary Landfill, the only operating municipal solid
waste landfill in the County, is projected to roach capacity within the next three to five
years, and the landfill owner has proposed an earlier closure; and
WHEREAS, in anticipation of the closure of this landfill and in recognition of the
absence 'of alternative local landfill sites, the Parties desire to cooperate to procure long-
term transfer station and solid waste disposal services; and
WHEREAS, by entering into an interlocal agreement providing for the joint
procurement of such services, the Parties can more effectively and efficiently procure and
manage these transfer station and solid waste disposal services; and
WHEREAS, to assist in procuring these services at a competitive price, the Cities
and County, agree to coordinate their efforts to dispose of all solid wastes collected
within the cities at the Disposal Site(s) to be provided by the Vendor selected pursuant to
this Agreement; and
WHEREAS, the Parties are authorized and empowered to enter into this
Agreement pursuant to Chapter 39.34 RCW; and
THEREFORE, in consideration of mutual prorrdses and covenants herein, the
Parties agree:
Section 1. Definitions: Except for the terms defined in this section, and
unless the context indicates otherwise, for the purposes of this Agreement and any
related agreements, the Parties shall use the definitions found in RCW 70.95.030,
RCW 70.138.020, WAC 173-351.100 and WAC 173-304-100, as they may be
amended.
"Agreement" means this inteflocal agreement.
"Cities" means any of the cities of Bainbridge Island, Bremerton, Port Orchard
and Poulsbo, Washington (collectively, the "Cities").
"County" means Kitsap County, Washington.
"Disposal Site" means a facility where any final treatment, utilization, processing,
transfer or deposit of Solid Waste originating in the County or the Cities occurs.
For purposes of this Agreement, a waste export transfer station shall be deemed a
Disposal Site.
"Ecology" means the Washington State Department of Ecology, or its successor
agency.
"Joint Board" means the joint board established pursuant to Section 5 of this
Agreement.
"Plan" means the Kitsap County Comprehensive Solid Waste Management Plan,
as amended from time to time.
"Procurement Administrator" means the County staff person responsible for the
day-to-day implementation of the Vendor-selection process.
"Vendor" means any person with whom the Parties contract for any or all of the
design, construction, ownership, operation or services of any Disposal Site or
other solid waste handling facility.
Section 2. Authority and Responsibilities of the County. The County shall:
A. Continue to engage in solid waste management and planning,
including preparation of the Plan, as provided by separate
interlocal agreement among the County and the Cities;
B. Continue to oversee and/or implement regional solid waste
programs to provide consistent, environmentally-sound solid waste
services throughout the Cities and County;
C. Conduct a procurement process for selecting one or more Vendors
to provide solid waste transfer station services, disposal services
and long-haul services; and
D. In consultation and cooperation with the Cities- as provided in this
Agreement, enter into and administer a contract with one or more
Vendors for solid waste transfer station and disposal services for
the Parties.
Section 3. Responsibilities of the Cities. Each City shall:
A. With the exception of jurisdictions from which solid waste is
collected pursuant to a WUTC certificate, direct solid waste
collected within the City (whether collected directly by the City or
by a solid waste collection company) to the Vendor selected
through the procurement process; to the extent the City can do so
legally and practically under the terms of any contract in existence
on the date a Vendor is recommended, take reasonable action to
enforce such direction; revise as appropriate any contracts with
solid waste haulers to ensure that solid waste hauled is disposed at
the Disposal Site(s) consistent with the Plan; make any and all
good faith efforts to revise such existing and/or future contracts to
allow for the direction of solid waste to the selected Vendor; and
B. Cooperate in implementing Plan elements.
C. Enter into a contract with one or more Vendors for solid waste
transfer station and disposal services upon the recommendation of
the Joint Board. If, when the contract with the Vendor is executed,
a City has not yet revised its existing contract with a solid waste
hauler to allow for the direction of solid waste to the selected
Vendor pursuant to Section 3(A) above, the contract with the
Vendor shall make appropriate provisions for the inclusion of that
City's solid waste stream when it has revised its hauling contract.
If a City elects not to enter into such contract(s), such City shall
withdraw from this Agreement in accordance with Section 4(C).
Section 4. Duration and Termination of, and Withdrawal from, Agreement:
This Agreement shall remain in force for 25 years from the date that it is first
effective as to all Parties, unless earlier terminated or extended pursuant to the
provisions of this section. No Party may terminate or withdraw from this
Agreement before 5 years from the date of execution, except that Cities may
withdraw pursuant to the opt out procedures set forth in subsection C. After that
date, termination and withdrawal may occur as follows:
A. Termination. This Agreement may be terminated in any year from
and after 5 years from the date of execution, by a vote of a
majority of the Parties. Written notice of termination shall be
given to all Parties no less than nine months prior to the last day of
the County's then-current budget year; provided, however, that this
Agreement may not be terminated if termination would
significantly impair any contractual obligation of the County
arising from the performance of this agreement; and provided
further, that if a termination of this Agreement is prospectively
approved pursuant to this provision (that is, if approved for a date
in the future when existing contracts will have expired or otherwise
not be impaired), then no Party to this Agreement shall take any
action that would result in such termination resulting in an
impairment of contract. Termination shall not absolve any party of
responsibility for meeting financial and other obligations
outstanding at the time of termination. In addition to the foregoing
conditions, no termination of this Agreement may take place until
and unless each City and the County has prepared and received
Ecology approval of its own solid waste management plan.
B. Withdrawal. In any year from and after 5 years from the date of
execution, a City may withdraw from this Agreement by giving
written notice to all Parties no less than nine months prior to the
last day of the County's then-current budget year; provided,
however, that no City may withdraw from this Agreement if
withdrawal would significantly impair any contractual obligation
of the County arising from the performance of this agreement.
Withdrawal will not absolve any City of responsibility for meeting
financial and other obligations outstanding at the time of
withdrawal. If a City elects by this section to withdraw at some
future date when there would be no impairment of existing
contracts as a result of such withdrawal, then no Party to this
Agreement shall take any action that would result in such
withdrawal resulting in an impairment of contract. Prior to
withdrawal, a withdrawing City shall prepare and receive Ecology
approval of its own solid waste management plan.
C. Opting Out. Prior to execution of the contract for transfer station
and solid waste disposal services between the Parties and a
Vendor, a City may withdraw from this Agreement by giving
written notice to all Parties no less than thirty (30) days after the
County has presented a Vendor contract for signature by the
Parties; provided, however, upon opting out, the opting out Party
shall be responsible for preparing and securing Ecology approval
of its own solid waste management plan.
Section 5. Formation of Joint Board: A Joint Board (the "Joint Board") is
hereby formed to consider and provide advice on various matters in the
Vendor-selection process. The primary function of the Joint Board is to
participate in the selection process and to confirm the Procurement
Administrator's recommendations of one or more Vendors.
In order to accommodate the interests of and to ensure the participation of
each Party, the Joint Board shall be composed of one elected official, or his or her
designee, appointed by the legislative authority of each Party. All actions of the
Joint Board shall be taken by vote, and no action shall be effective unless there is
a consensus among the Board members. The Joint Board shall:
A. Meet at least quarterly, and more often as necessary, at the call of
the Procurement Administrator or a majority of the members of the
Joint Board; and
B. Develop a process for soliciting Vendor proposals, including, for
example, interviews with interested Vendors, preparing packages
for requests for proposals, and reviewing all proposals submitted;
and
C. Confirm one or more Vendors recommended for approval by the
Procurement Administrator; and
D. Consult with the Procurement Administrator, who is responsible
for the day-to-day operations of the Vendor-selection process.
E. Report back to the Board member's legislative body with
information regarding the selection process and recommendations
of the Joint Board.
For the purposes of RCW 39.34.030(4), the Joint Board is a "joint
board." There will be no real or personal property held by the
Joint Board under this Agreement.
Section 6. Assets and Liabilities: On termination of this Agreement, any
assets owned separately by a Party shall remain the property of that Party. In
entering into this Agreement, no Party assumes liability for the actions or
activities of the other, except as provided by law or as may be agreed by the
Parties.
Section 7. Miscellaneous Provisions
A. Effective Date: This Agreement shall take effect the first date on
which all Parties have taken all necessary action to authorize and
execute this Agreement
B. Amendment: This Agreement may be amended only in writing
and only by agreement of all Parties and adoption by each Party of
an ordinance or resolution authorizing execution of such
amendment, except as set forth in this section. The Parties hereby
agree that this Agreement may be amended, without the further
agreement of all Parties and without the adoption by each Party of
an authorizing ordinance or resolution, to allow other
governmental entities, including tribes, the United States Navy,
adjoining counties, and any new City within the County that
incorporates after the effective date of this Agreement, to join as a
Party. Such amendment shall be effective as of the date on which
such governmental entity adopts a resolution approving of its
inclusion as a Party to this Agreement. The Parties further agree
that this Agreement may be amended upon consensus of all Parties
to allow for the parties to undertake solid waste functions other
than procurement for solid waste disposal.
C. Non-Waiver: No waiver by any party of any term or condition of
this Agreement shall be deemed or construed to constitute a waiver
of any other term or condition or of any subsequent breach whether
of the same or of a different provision of this Agreement.
D. No Third-Party Beneficiary: This Agreement is entered into to
protect the public health, safety and welfare of the residents of the
Cities and County and to promote the effective and efficient
disposal or other handling of solid waste in the Cities and the
County. This Agreement is not entered into with the intent that it
shall benefit any party not signing this Agreement, and no other
person or entity shall be entitled to be treated as a third-party
beneficiary of this Agreement.
E. Assignment: Upon the creation of a solid waste disposal district
pursuant to RCW Ch. 36.58, the County and any City opting into
such a disposal district may assign its rights and obligations under
this Agreement to the solid waste disposal district.
F. Severability: If any provision of this Agreement is determined to
be invalid, the remaining provisions shall continue in full fome and
effect.
G. Counterparts: This Agreement may be executed in two or more
counterparts, and each such counterpart shall be deemed to be an
original instrument. All such counterparts together will constitute
one and the same Agreement.
IN WITNESS HEREOF, this Agreement is executed by Kitsap County and by the
Cities of Bainbridge Island, Bremerton, Port Orchard and Poulsbo, Washington.
DATEDthis ~ dayof ~.-~ ,2000. DATED this gt~ day of //iq /~d~ ,2000.
CITY OF BAINBRIDGE ISLAND KITSAP COUNTY BOARD OF
'--~'~'~ ~.~.'x~_. T-COMMI'~-IONERS
Dwight-Sutton, M~yyor im 13otkin, Chair
CITY OF BREMERTON
Lynn Horton, Mayor .grhris Endresen, Commissioner
Charlotte Gamdo, Commissioner
CITY OF POULSBO , ATTEST: ~
Dor~naJ~n Bruce, Mayor '- r~"~- ' Board