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HomeMy WebLinkAbout2067 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2067 KITSAP CO/PORT ORCHARD/POULSBO/WINSLOW Solid Waste Management Plan PW Admin LEG 12-1 08/01/1975 07/31/2025 01/01/2025 INTER-MU~ICIPALITY CONTRACT REGARDIt~G SOLID WASTE TP~NSP~RT AND DISPOSAL FACILITIES FOR KITSAP COUNTY THIS AGREEMENT made and entered into bV and between CITY' OF PORT ORCHARD, a city of the third class organized under the laws of the State of Washin~ton (hereinafter referred to as Port Orchard), and CITY OF POULSBO, a~ci~.~f ~ thi~ cl~~raanized under the laws of the State of Washington (hereinafter referred to as Poulsbo), and CITY OF WINSLOW, a city of the third class organized under the laws of the State of Washington (hereinafter referred to as Winslow),' and CITY OF BRE~RTON, a city of the first class organized under the laws of the State of Washington (hereinafter referred to as Bremert~n), and KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County), W I T N E S S E T H: WHEREAS, the parties hereto recognize that it is their duty and in the interest of the public health, safety and welfare to promote and establish a clean, efficient and ecologically-sound solid waste disposal system fo[r the areas within t elr jurisdictions; AND WHERI~AS, the parties hereto recognize tha% a regional solid waste disposal System will provide the optimal solid waste disposal system and that state and/or federal funds to assist the parties in the creation of a solid waste disposal system may be maximize~, if the parties utilize a regional anDroach; AHD WHEREAS, the parties hereto rccognize that continuing technological changes in methods of manufacture, packagin~ and marketing of consumer products, together with the economic and pop~lation growth of this county, the rising affluence of its citizens and its expanding industrial activities have created new and ever- mounting problems involvin~ disposal of garbage, refuse and solid waste resulting from domestic, agricultural and industrial activities; the parties hereto further recognize that traditional methods of disposing of solid! waste in this county are no lon~er adequate and that improper methods and practices of handlinq and disDosinq of solid waste pollute our land, air and water resources, blight our countryside, adversely affect land values and damage the overall quality of our environment; AND WItEREAS, the parties hereto agree with and generally concur with the programs and recommendations of Comprehensive Solid Waste Management Plan for Kitsap County submitted by Hill, Ingman, Chase & Company in June, 1971; A~TD WHEREAS, the parties hereto recognize that PORT ORCIIARD, POULSBO and WI~;SLOW are empowered to plan, construct, operate and maintain solid waste disposal systems and are further empowered to contract for such services by RCW 35.21.120, RCW 35.24.290, RCW 35.67.020, RCW 35.67.331, RCW 35.92.020 and RCW 39.34.080; AND WHEREAS, the parties hereto recognize that BREMERTON is empowered to plan, construct, operate and maintain solid waste disposal systems and is further empowered to contract for such services by RCW 35.21.120, RCW 35.22.170, RCW 35.67.020, RCW 35.67.331, RCW 35.92.020 and RCW 39.34.080~ AND WHEREA~, the parties hereto recognize that COUI~TY is empowered to plan, censtruct, operate and maintain solid waste disposal systems and ~is further empowered to contract for such services by RCW 36..01.010, ROW 36.32.120, RCW 36.58 and RCW 39.34.080; AND WHERE~$, each of the parties hereto has resolved or ordained that this c&ntract may be entered into; NOW, TH~iFORE, in consideration of the mutual covenants contained herein!'~'is hereby agreed as follows: I. DEFI~ITIOI~S A. Collection of solid waste: The collection of solid waste at the locus of production and the transportation thereof to a transfer station or disposal site. B. DisDosal site: That place where solid ~aste is disposed of. C. Solid waste: All putrescible and non-putrescible solid and semi-solid waste including garbage, rubbish, ashes, industrial waste, swill, demolition and construction waste, and discarded commodities. D. Solid waste disposal: Operations appertaining to the treatment, utilization, processing or deposition of solid waste. This includes, but is not limited to, operation of sanitary land fills, incineration, composting, dumps, grinding, transfer stations and salvage and reclamation sites. E. Transfer station: A fixed collection/transportation/ disposal facility to deposit solid waste into a larger transfer vehicle for transport to a disposal site. II. GP~NT TO COUNTY A. The parties hereto hereby grant and delegate to COUNTY their authority and responsibility to plan, construct, operate and/or maintain disposal site$~ transfer stations and/or engagement in solid waste disposal. ~urthermore, the parties hereto hereby grant and delegate to COUNTY their right and/or ability to make aDplication to any state or federal agency for funds by which to plan, construct, operate and/or maintain disposal sites, transfer stations and/or engagement in so]id waste disposal. The parties hereto shall delive~ or cause to be delivered to COUNTY'S solid waste disposal system all solid waste produced within their respective jurisdictions. B. Th¢~ parties hereto expressly retain their power and authority to provide for the collection of solid waste for the areas within their res?~ctive jurisdictions. III. DUTY OF COUNTY A. COUNTY shall plan, construct, operate and maintain a system of solid waste disposal for Kitsap County. This system shall include, but is not limited to, transfer stations and disDosal sites. -3- As a guideline in this system COU~TY shall utilize Comprehensive Solid Waste Management Plan for Kitsap County prepared by Hill, Ingman, Chase & Company in June, 1971. B. COUNTY shall have the entire responsibility and duty to finance the system for solid waste disposal. The location of transfer stations and disposal sites shall be within the sole discretion of COUNTY; Provided: COUNTY shall give due consideration to the cost of collection of solid waste for each party hereto when decidin~ where to locate transfer stations and disposal sites. C. C©U~TY shall plan, construct, operate and maintain the system of solid %~aste d~sposal on a non-profit, breakeven basis. COU~TY shall charge a rate, fe~ or charge to the users of the system of solid waste disposal ~for the deposition of solid waste therein. D. COU~TYi~hall have plenary authority to manage, regulate and control the rate~ fee or charge to the users. The rates charged must be uniform for the same class of users or service furnished. In classifying users s~rved or service furnished by the system of solid- waste disposal, C©UHTY may consider any or all of the following factors: (1) TI~ difference in cost of service to the various customers; (2) T~e difference in cost of planning, construction, o]~eration, maintenance, repair and replacement o~ the various parts of the system7 (3) The different character of the service furnished various customers; (4) The quantity and quality of the solid waste delivered and the time of its delivery; (5) Any other matters which present a reasonable difference as a ground for distinction. E. COU~TY shall charge the rate, fee or ~harge in the amount necessary to produce revenues sufficient to cover the following: (1) Costs of planning and construction with such costs to be amortized on a straight-line basis over the estimated useful life of the solid waste disposal facility being used; Provided: This cost shall be included if and only if COUNTY has expended funds from its own general fund for such planning and construction; (2)Direct and indirect costs of maintenance, operation, repair and replacement; (3)Costs of servicing bonds, if any there be, and the coverage requirements for such bonds; (4)Any and all charges necessary for the efficient and proper operation of the program and system. F. COUNTY shall provide to the parties hereto an operational, useable solid waste disposal system on or before the day of ,19 G. COUNT.Y; Shall maintain detailed and sufficient books and records appertaininq to the deposition of solid waste within its system of solid waste disposal and to receipts and disbursements for plans, construction, operation, maintenance, repair and replacement of the system of solid waste disposal. These books and records may be examined by any party hereto at any reasonable time by an authorized representa- tive of such party. ~V. E~UECTIVE DATE This contract shall become of full force and effect thirty (30) days after th~ following have occurred: (1) Approval of this contract by the Director of the Washington State Department of Ecology or his authorized representative; (2)Subscription of this contract by each of the parties hereto. V. TERM This contract shall remain in full force and effect for a -5- period of fifty (50) years from its effective date. VI. WITIIDRAWAL Any party hereto may withdraw from this contract by giving one (1) year written notice of such to every other party. The withdrawal of one or more parties shall not affect the validity of the contract to the remaining parties. VII. ARBITRATION Any party hereto may initiate arbitration to resolve disputes arising pursuant to this contract. The party desiring to initiate arbitration shall give written notice of its demand for arbitration to every other party to this contract; such notice shall designate every other party to this contract as "respondents". Within twenty (20) days following the service of the demand for arbitration the parties to the controversy shall select an arbitrator from the list compiled by the American Arbitration Association, viz. "National Panel of Arbitrators" The arbitration shall proceed in accordance with the rules of said association. The arbitrator shall determine the rights of the parties; the award or determination made thereunder shall be subject to court review as to only matters of law but the facts determined by the arbi- trator shall be taken a~ verities. The arbitrator, in his discretion, may allocate among the parties to the controversy the fees and expendi- tures incurred as a result of the arbitration. VIII. SEVE]Ut.~ILITY If any provision of this contract or its application to aJy person, corporation,~ partnership or municipal corporation is held invalid, the remainder or application to others is not affected. IX. C~i~NSTRUCTION This C~ntract is to be liberally construed to effect its purposes and spirit. IN TESTIMONY WHEREOF, the parties hereto have caused this contract to be executed by their duly aurhorized governing authorities. CITY OF PORT ORCHARD, DATEDa city of th ~rd cla~i this/~ay of ~ _,1975. -PAUL D. POWERS, Ma~or of Port Orchard · 3 Clerk of Port ~rcnar~ CITY OF POULSBO, a city of the third class DATED this / />' day of (1 ~,, ~ ,1975. M.E. LINDVIG, M~-~-~-i~'o~lsbo DATED this~'~day of (~ d. ~.~/ ,1975. City Clerk/Treasurer~of Poulsbo CITY OF WINSLOW, a city of the third class ,.~..' FRANK ViBR~NS, ~yor of P~ulsbc----> DATED this .~X~day of ~ ,1975. City Clerk/Treasurer of ~inslow CITY OF BREMERTON, a city of the first class ." DATED this ~ · y of ~ 197 . ~GLENN K. JARSTAD~ M~yor of Bremerton DATED this ~-day of/~ ,1975. G.C. YEADQ~ City Clerk of Bremerton KITSAP COUNTY, a municipal~corporation DATED this day of · /',1975. w~L~AM H. MAHAN Kitsap County Commissioner DATED this __day of , 1975. Kitsap County Commissioner DATED this __day of , 1975. GE~ ~OBE · ~c~_._LK~sap County Con~issioner DATED this day of ,1975. ATTEST: TED WRIGHg? County Auditor and Ex-Officio Clerk~ BoarO ' De~y Auditor