HomeMy WebLinkAboutCONSENT ILA with Kitsap re Hazardous Waste Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: May 19, 2025
Subject: Amendment to the Interlocal Agreement with Kitsap County for
Residential Hazardous Household Waste Disposal
Statement of Issue
Through an Interlocal Agreement (ILA) between Jefferson and Kitsap Counties that became
effective April 17, 2023, Jefferson County residents who could not wait to dispose of
Household Hazardous Waste (HHW) at the next scheduled HHW collection event have been
able to dispose of HHW fee-free at the Kitsap County Moderate Risk Waste Facility located
within the Olympic View Transfer Station in Bremerton. Kitsap County anticipates opening a
North Kitsap County MRWF in the Kingston, WA area in early 2026 which will also be made
available to Jefferson County residents.
The Contract Amendment will extend the ILA through June 30, 2026.
Analysis/Strategic Goals/Pro's Et Con's:
Public Works is pleased to be able to offer fee-free service to Jefferson County HHW
customers who cannot wait for HHW collection events for any reason at Kitsap County MRW
facilities.
Fiscal Impact/Cost Benefit Analysis:
Program costs are budgeted for in the Solid Waste Fund budget at $13,750.00 annually.
Recommendation:
Staff recommends that the Board of County Commissioners approve the Contract Amendment
with Kitsap County for residential HHW disposal service.
Department Contact: Al Cairns X213
Reviewed By:
Mark McCaule ounty Administrator D to
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Kitsap County Contract No: PW a Dos
Contract For: Household Hazardous Waste Services Term: 12 Months
COUNTY DEPARTMENT: Public Works
Contact Person: AI Cairns
Contact Phone: X213
Contact email: acairns@co.jefferson.wa.us
AMOUNT: Not to exceed$27,500 PROCESS: Exempt from Bid Process
Revenue: 401000010.34370.00.000 Cooperative Purchase
Expenditure: 401000010.5373041 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj Other: Interiocal Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C WI CC 3.55.080 AND CHAPTE 3 RCW.
CERTIFIED: a N/A: S
tgnature fiate
STEP 2: DEPARTMENT CERTIFIES THE PERS PROP SED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN ARRED Y ANY FEDERAL, STATE, R LOCAL
AGENCY.
CERTIFIED: R N/A: � L�
ature
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/7/2025.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/6/2025.
Amendment No. 1 to extend term to 06/30/2026 and increase the
contract amount to $27,500.00. Original ILA attached.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
CONTRACT NO. KC-322-24-A
CONTRACT AMENDMENT FOR INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES
This Amendment is executed between Kitsap County ("Kitsap") and Jefferson County
("Jefferson") for the purpose of providing a permanent site with year-round availability for proper
disposal of household hazardous waste ("HHW") to Jefferson County residents at the Kitsap
County Household Hazardous Waste Collection Facilities.
In consideration of the mutual benefits and covenants contained herein, the parties agree that
their Contract, numbered as Kitsap County Contract No. KC-322-24, and executed on June 24,
2024, shall be amended as follows:
1. This Amendment shall extend the term of the Agreement through June 30, 2026,
with the option to extend the Agreement for one(1)additional one(1)year term by
amendment. In no event will the Amendment become effective unless and until it
is approved and executed by the duly authorized representative of Kitsap County.
2. Jefferson shall reimburse Kitsap $55.00 per documented Jefferson customer.
Notwithstanding the preceding, Jefferson payments are not to exceed $13,750.00
per year (250 total customers) unless specifically approved in writing in advance.
This increases the total compensation under this Interlocal Agreement to an
amount not to exceed $27,500.00.
3. Except as expressly provided in this Contract Amendment, all other terms and
conditions of the original Contract, and any subsequent amendments, addenda or
modifications thereto, remain in full force and effect.
This amendment shall be effective upon execution by the parties.
Dated this_day of , 2025 BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY,WASHINGTON
HEIDI EISENHOUR, Chair
ATTEST: GREG BROTHERTON, Commissioner
Carolyn Gallaway, Clerk of the Board HEATHER DUDLEY-NOLLETTE, Commissioner
APPROVED AS TO FORM.-
for 05/06/2025
HILIP C. HUNSUCKER Date
Civil Chief Deputy Prosecuting Attorney
KC-322-24-A Jefferson County Residential Household Hazardous Waste Collection and Disposal 1 I P a g e
CONTRACT NO. KC-142-23
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND JEFFERSON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL OPPORTUNITIES
This Agreement is executed between Kitsap County("Kitsap")and Jefferson County("Jefferson")
for the purpose of providing a permanent site with year-round availability for proper disposal of
household hazardous waste ("HHW') to Jefferson County residents at the Kitsap County
Household Hazardous Waste Collection Facility.
BACKGROUND
WHEREAS, the Kitsap County Moderate Risk Waste("MRW') Management Plan ("Plan")
was written pursuant to Revised Code of Washington(RCW)70.95.220 and adopted by the Kitsap
County Commissioners;
WHEREAS, Kitsap constructed the HHW Collection Facility ("Facility") and has operated
the Facility since April 18, 1996;
WHEREAS, the Facility provides year-round availability for the proper disposal of HHW to
Kitsap County residents;
a
WHEREAS, HHW disposal is funded through a combination of tipping fees collected at
Olympic View Transfer Station, the Local Solid Waste Financial Assistance Agreement between
the State of Washington Department of Ecology and Kitsap County, and small quantity generator
fees, which are set through Resolution 052-2022 and reflect the actual cost to Kitsap County for
hazardous waste disposal;
WHEREAS, Jefferson has closed its household hazardous waste collection facility and
will offer periodic mobile collection events for its residents until a new collection facility is available,
but desires to have another temporary option for its residents:
WHEREAS, Kitsap and Jefferson share common goals to protect watersheds; protect
groundwater and drinking water quality; provide opportunities for residents to properly dispose of
HHW; and educate residents about potential hazards regarding storage of hazardous products,
WHEREAS, Kitsap and Jefferson 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;
WHEREAS, Kitsap and Jefferson are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW.
NOW THEREFORE, the parties mutually agree as follows:
AGREEMENT
1. RECITALS. The recitals are hereby incorporated into the Agreement by this reference.
2. PURPOSE. The purpose of this Agreement is to provide a temporary location for Jefferson
residents to properly dispose of household hazardous waste while Jefferson secures a
new permanent household hazardous waste collection facility.
KC-142-23 Jefferson County Residential HHW Collection and Disposal Opportunities 1
i
3. KITSAP OBLIGATIONS,
A. Kitsap shall make its HHW facility available to Jefferson residents for the disposal
of the household hazardous waste streams accepted at the facility without charge
to Jefferson residents for the duration of this Agreement.
B. Kitsap shall submit invoices for household hazardous waste collection and
disposal services provided under this Agreement at the rates set forth in Resolution
052-2022 for small quantity generator customers, as now or hereafter amended.
Kitsap will not charge Jefferson for any waste covered under a statewide
stewardship program, such as those for architectural paint or fluorescent lamps.
Invoices shall detail the material delivered Jefferson County customers and
describe their waste stream.
C. Kitsap shall maintain adequate records to support billings under this Agreement.
4. JEFFERSON OBLIGATIONS.
A. Jefferson agrees to require its residents schedule an appointment at Kitsap's HHW
facility, and to be the first point of contact for the use of Kitsap's HHW facility by its
residents. Jefferson acknowledges that this use is meant to supplement and not
replace Jefferson's ongoing HHW collection program.
B. Jefferson agrees to reimburse Kitsap the disposal costs of each delivery from
Jefferson County customers as reflected in Kitsap invoices. Jefferson shall make
payment within thirty (30) days following receipt of an invoice. Jefferson payments
are not to exceed $10,000.00 per year unless specifically approved in writing in
advance.
5. DURATION. This Agreement shall commence at time of signing, with the effective date
on May 1, 2023,for purposes of cost reimbursement for services,and shall extend through
April 30, 2024. The parties may agree to extend this Agreement for an additional year by
amendment as set forth below.
6. TERMINATION.
A. Kitsap may terminate this Agreement whenever Kitsap determines, in its sole
discretion, that such termination is in the best interests of Kitsap. 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.
B. Jefferson 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 fees prescribed
above.
C. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period by Jefferson, Kitsap shall not be obligated
to provide services after the end of the current fiscal period.
7. INDEMNIFICATION. Each party agrees to hold harmless, defend and indemnify the other
party and its elected officials, officers, employees and agents, against all claims, suits,
actions, liabilities, losses, expenses, and damages, including reasonable attorneys' fees
KC-142-23 Jefferson County Residential HHW Collection and Disposal Opportunities 2
i
and costs, to the extent they arise out of, or result from, the negligence or willful
misconduct of the indemnitor or its elected or appointed officials, officers, employees, and
agents in the performance of this agreement. The indemnitor's duty to defend and
indemnify extends to claims by the elected or appointed officials, officers, employees, or
agents of the indemnitor or of any contractor or subcontractor of indemnitor. The
indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code
of Washington solely for the purposes of this provision and acknowledges that this waiver
was mutually negotiated. This clause shall survive the termination of this Agreement.
8. AMENDMENT. This Agreement may be amended only upon the written agreement of the
parties executed by the authorized representatives thereof. There will be a review of per
customer costs if an extension is desired.
9. ADMINISTRATION. No separate entity is created by this Agreement. This Agreement
shall be administered by, and all notices and payments shall be sent to, the following
representatives:
For Kitsap County:
Kitsap County Public Works, Solid Waste Division
Attn: Christopher Piercy, Solid Waste Senior Maintenance &Operations Manager
614 Division Street, MS-27, Port Orchard, Washington 98366
For Jefferson County:
Jefferson County Department of Public Works, Solid Waste Division
Attn: Al Cairns, Solid Waste Manager
625 Sheridan St., Port Townsend, WA 98368
10. PROPERTY. Any property purchased under this Agreement shall be the property of the
purchaser.
11. ASSIGNMENT. No party may assign their rights or obligations under this Agreement
without the approval of the other.
12. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor.
13. DISPUTE RESOLUTION. If a dispute arises under this Agreement, it shall be determined
by a Dispute Board in the following manner: Each party to this Agreement shall appoint
one (1) member to the Dispute Board and those members shall jointly appoint an
additional member to the Dispute Board. The Dispute Board shall review the facts,
agreement terms, and applicable statutes and rules and make a determination of the
dispute. The determination of the Dispute Board shall be final and binding on the parties
hereto, subject to judicial review as authorized by law.
14. NONDISCRIMINATION. Jefferson and Kitsap agree to comply with all applicable local,
state, and/or federal laws and ordinances, and agree that they shall not discriminate in
their employment practices or delivery of services or other activities on the grounds of
race, color, religion, national origin, age, sex, marital status, veteran status, sexual
orientation, or the presence of any sensory, mental or physical handicap.
15. COMPLIANCE WITH LAWS. Jefferson and Kitsap agree to comply with all federal, state,
and local laws, statutes, ordinances, rules, and regulations applicable to the performance
of this Agreement, including compliance with all the provisions of the Americans with
Disabilities Act and all regulations interpreting or enforcing such Act.
KC-142-23 Jefferson County Residential HHW Collection and Disposal Opportunities 3 _ _.
16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
17. VENUE. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Kitsap County, Washington.
18. MULTIPLE ORIGINALSIELECTRONIC SIGNATURES. This Agreement may be
executed in multiple copies, each of which shall be deemed an original.A facsimile, email,
or other electronically delivered signatures of the parties shall be deemed to constitute
original signatures and deemed to constitute duplicate originals.
19. SEVERABILITY. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other
provisions of the Agreement which can be given effect without the invalid provision,if such
remainder conforms to the requirements of applicable law and the fundamental purpose
of this agreement, and to this end the provisions of this Agreement are declared to be
severable.
20. AUTHORIZATION. Each of the signatories hereto hereby represents and warrants that
he or she has the right, power, legal capacity, and authority to execute into this Agreement
and to bind the entity he or she represents to this Agreement and the obligations
hereunder.
Dated this day of 2023 Dated this day of 2023
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY,WASHINGTON KITSAP COUNTY,WASHINGTON
G R H RTON, CHAIR CHARLOTTE GARRIDO, CHAIR
KATE DEAN, COMMISSIONER ROB T LDER, COM ISSIONER
r _ _
HEIOI ENSENHOUR, C 1, KATHERINE T.WALTERS, COMMISSIONER
f :'G�MMiSs/o.
s Z'• y
ATTEST: ��y: < = ATTEST:
- �'�• Cam'
CAROLYN GALLAWAY, Clei-kX11je`ftard DgUAtANIELS, Merk of the Board
Aoproved es to form only �O��AT�'�.c►��0
March 14, 2023 ; :Z
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Aftorney lip
N.•
KC-142-23 Jefferson County Residential HHW Collection and Disposal Opportunities 4
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer//:�/j
Agenda Date: April 17, 2023 "
Subject: Interlocal Agreement with Kitsap County for Household Hazardous Waste
Disposal
Statement of Issue
Jefferson County Public Works ceased operation of the Moderate Risk Waste Facility (MRWF)
in September, 2022 and began substituting fixed facility operations with remote collection
events. Under some circumstances, residents may need a timelier means of household
hazardous waste (HHW) disposal before the next scheduled collection event.
To address this potential service gap, Kitsap County Public Works has agreed to accept
residential HHW from Jefferson County at its MRWF located within the Olympic View Transfer
Station in Bremerton and to charge Jefferson County Public Works for such service.
Analysis/Strategic Goals/Pro's Et Con's:
The attached ILA will address these requests. Public Works staff will assist customers with
identifying whether they need immediate service or can utilize the next collection event. To
date, only one such request has been made.
Fiscal Impact/Cost Benefit Analysis:
Program costs are budgeted for in the 2022-2023 Solid Waste Fund budget. The ILA has a not-
to-exceed limit of $10,000.00 which should be sufficient to meet service demand and which
will serve as the amount allocated to this service area within future Solid Waste Fund
budgets.
Recommendation:
Staff recommends that the Board of County Commissioners approve the ILA with Kitsap
County for residential HHW disposal service.
Department Contact: Al Cairns X213
Review By: /-
Mark Im C u ounty Adn4inistrat6r at
CONTRACT REVIEW FORM ciea"Form
(7NSTRUC77ONS ARE ON THE NEXT PAGE) � ^
CONTRACT WITH: Kitsap County Contract No: '
Contract For: Household Hazardous Waste Disposal Term: One year
COUNTY DEPARTMENT: =ubiic works
Contact Person: Al cairns
Contact Phone: X213
Contact email: acarns@co jefferson wa us
AMOUNT: TBD PROCESS: Exempt from Bid Process
Revenue: 401000010.34370 Cooperative Purchase
Expenditure: 401000010.53730.41 Competitive Sealed Bid
Matching Funds Required: NIA Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# 40153730 RFP or RFQ
Munis Org/Obj 40153730/4100000 Other:Interiocal Agreement
APPROVAL STEPS:
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: F N/A:
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: a N/A:
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Lasertiche):
Electronically approved by Risk Management on 3/15/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/14/2023.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6:CONTRACTOR SIGNS
STEP 7:SUBMIT TO BOCC FOR APPROVAL
I