HomeMy WebLinkAboutR-2017-043 Recycling Planning Project Agreement with the State of Washington Department of EcologyRESOLUTION NO. R-2017-043
A RESOLUTION approving an Interagency Agreement (IAA) with the State of
Washington, Department of Ecology to conduct a Recycling
Planning Project to assess opportunities and approaches for
managing residential curbside materials collected in a City -
operated curbside collection program.
WHEREAS, a majority of the Council has expressed interest in pursuing curbside
recycling options and opportunities; and,
WHEREAS, the Washington State Department of Ecology has proposed to enter
into an Interagency Agreement to assist the City of Yakima by providing $55,000 in funds
to conduct a Recycling Planning Project, and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Interagency Agreement (IAA)
between the State of Washington, Department of Ecology and the City of Yakima, which
provides $55,000 of funding to the City to be used to conduct a Recycling Planning Project,
and any other agreements necessary (as long as they are under the amount requiring City
Council approval) to carry out the terms and conditions of the Agreement. A copy of the
Agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this 21st day of March, 2017.
ATTE T Kat'iy Coffey M
Joa tephens,A n•`City Clerk
March 21, 2017
GREEN SOLUTIONS, LLC
PO Box 680
South Prairie, WA 98385
360-897-9533
CONTRACT AGREEMENT
BETWEEN
AND
Page 1
CITY OF YAKIMA
Solid Waste and Recycling Division
2301 Fruitvale Boulevard
Yakima, WA 98902
PROJECT: Recycling System Feasibility Analysis
THIS AGREEMENT combines all understandings between Parties regarding professional services for
the Project named above and supersedes all prior proposals, quotations, solicitations, negotiations,
representations, agreements or understandings, whether written or oral.
The performance of the professional services herein described and authorized by the City of Yakima, as
well as payment for such services, shall be in accordance with the terms and conditions presented in this
Agreement and the following Sections and Exhibits which are attached and incorporated by reference
which, taken together, shall constitute the whole Agreement.
Section I
Section II
Exhibit A
Exhibit B
Exhibit C
Relationship of the Parties
Contract Provisions
Scope of Work
Project Budget/Fee Schedule
Project Schedule
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this 21st day of
March 2017.
APPROVED:
CITY OF YAKIMA
APPROVED:
GREEN SOLUTIONS, LLC
Cliff Moo e, C'ty Manager Rick Hlavka, Principal
Date: `5 I 17 Date: 3 — 2 3 - / 7
ATTEST:
Sonya Claar 'ee, City Clerk
City of Yakima
Solid Waste and Recycling Division
:
Cm CONTRACT NO: I:491 7-OYY
RESOLUTION No: lZ ("7 - o y 3
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SECTION I: RELATIONSHIP OF THE PARTIES
The City of Yakima ("Client") desires consulting services for a Recycling System Feasibility Analysis.
In furtherance of the Project, the Client hereby contracts with Green Solutions, LLC to perform the
professional services described in Exhibit A of this Agreement. All services shall be performed under the
joint supervision of the Client's Representative, Loretta Zammarchi, or a designee or designees identified
in writing to Green Solutions, LLC by the Client's Representative.
This Agreement shall be for the benefit of and be binding upon successors, assigns, and legal
representatives of each of the Parties hereto. Any assignment or transfer of an interest in this Agreement
by either Party without the written consent of the other shall be void.
SECTION II: CONTRACT PROVISIONS
1. Scope of Work: Green Solutions, LLC shall perform the service for the Client as defined in Exhibit A,
Scope of Work, which is attached hereto and hereby incorporated by this reference.
2. Time for Completion: The Scope of Work for the conduct of the study as set forth above is
anticipated to be completed by Green Solutions, LLC, within a time frame approximating that shown by
the following schedule:
Notice to Proceed: By mid-March 2017
Completion of Draft Analysis: within 2 months of Notice to Proceed (NTP)
Completion of Project: On or before June 30, 2017
Green Solutions, LLC agrees to perform the work described in the Scope of Work according to the
contract schedule. Any delays shall be agreed upon by Green Solutions, LLC and Client prior to the due
date. Changes in the schedule caused by Client delays may require additional compensation and a change
order.
3. Payment: Green Solutions, LLC will be paid by the Client on a time and materials basis as outlined
below and in accordance with the standard billing rates attached hereto as Exhibit B. Green Solutions,
LLC agrees to perform the services as set forth in Exhibit A at a cost not to exceed Forty Nine Thousand
Dollars ($49,000.00). It is understood that Green Solutions, LLC will not exceed this amount without the
Client's prior written authorization.
Green Solutions, LLC shall submit to the Client an invoice each month for payment for work completed
through the accounting cut-off day of the previous month. Such invoices shall be for work performed and
costs incurred prior to the date of the invoice and not covered by previously submitted invoices. Green
Solutions, LLC shall submit with each invoice a summary of time expended on the work for the current
billing period, copies of subconsultant invoices, and any other supporting materials determined by the
Client necessary to substantiate the costs incurred. Client will use its best efforts to pay such invoices
within thirty (30) days of receipt and upon approval of the work completed and amount billed. Client will
notify Green Solutions, LLC promptly if any problems are noted with the invoice. Client may question
any item in an invoice, noting to Green Solutions, LLC the questionable item(s) and withholding payment
for such item(s). Green Solutions, LLC may resubmit such item(s) in a subsequent invoice together with
additional supporting information required.
Payment to Green Solutions, LLC for services set forth in Exhibit A shall be: an amount equal to Green
Solutions, LLC's standard billing rates as set forth in Exhibit B multiplied by the actual hours worked.
Direct expenses will not be charged except as identified in Exhibit B. Payment shall be made monthly
upon receipt and approval of Green Solutions, LLC's invoice.
Payment for any work shall not constitute a waiver or release by Client of any claims, right, or remedy it
may have against Green Solutions, LLC under this Agreement or by law, nor shall such payment
3
constitute a waiver, remission, or discharge by Client of any failure or fault of Green Solutions, LLC to
satisfactorily perform the work as required under this Agreement.
4. Supplemental Agreements: Supplemental Agreements may be entered into upon mutual written
agreement that would increase or decrease the scope and associated costs and payment.
5. Work to be Accomplished: All work accomplished will be performed under the direction of the
Client Representative or his/her Designee.
6. Termination: This contract may be terminated by the Client by giving Green Solutions, LLC written
notice of such termination no fewer than fifteen (15) days in advance of the effective date of said
termination. Green Solutions, LLC shall be entitled to terminate this agreement only in the case of a
material breach by the Client, and upon failure of the Client to remedy said breach within fifteen (15)
days of written notice of the breach.
7. Indemnity: Green Solutions, LLC shall comply with all Federal Government, State and local laws and
ordinances applicable to the work to be done under this Agreement.
(a) Green Solutions, LLC agrees to defend, indemnify, and hold harmless the Client, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1)
claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and
attorney fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses
of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction
to any person or any property to the extent caused by any negligent act, action, default, error or omission
or willful misconduct arising out of Green Solutions, LLC's performance under this Agreement. In the
event that any lien is placed upon the Client's property or any of the Client's officers, employees or
agents as a result of the negligence or willful misconduct of Green Solutions, LLC, Green Solutions, LLC
shall at once cause the same to be dissolved and discharged by giving bond or otherwise.
(b) Client agrees to indemnify and hold Green Solutions, LLC harmless from loss, cost, or expense of
any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the
Client, its employees, or agents in connection with the performance of the Scope of Work.
(c) If the negligence or willful misconduct of both Green Solutions, LLC and the Client (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall
be shared between Green Solutions, LLC and the Client in proportion to their relative degrees of negligence
or willful misconduct and the right of indemnity will apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
8. All Work Produced is Property of the Client: The materials, computer programs, reports,
calculations, analyses, etc., generated by Green Solutions, LLC under this contract, including the final
report, shall become the property of the Client. The Client agrees that if it uses products prepared by
Green Solutions, LLC for purposes other than those intended in this agreement, it does so at its sole risk
and agrees to hold Green Solutions, LLC harmless thereafter.
9. Assignment: The Contractor shall not assign or subcontract any portion of the contracted activities
without obtaining prior written approval from the Client.
10. Integrated Agreement: This agreement together with attachments or addenda represents the entire
and integrated agreement between the Client and Green Solutions, LLC and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended by written
instrument signed by both the Client and Green Solutions, LLC
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11. Independent Contractor: The parties intend that an independent Contractor/Client relationship will
be created by this agreement. No agent, employee, or representative of Green Solutions, LLC shall be
deemed to be an agent, employee, or representative of the Client for any purpose. Green Solutions, LLC
shall be solely responsible for all acts of its agents, employees, representatives, and subcontractors during
the performance of this contract.
12. Equal Opportunity: During the performance of this Agreement, Green Solutions, LLC and Green
Solutions, LLC's subconsultants and subcontractors shall not discriminate in violation of any applicable
federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national
origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, and any other classification protected under federal, state, or local law. This provision shall
include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and
the provision of services under this Agreement. Green Solutions, LLC agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
13. Notices: Notices to the Client shall be sent to the following address:
City of Yakima Solid Waste and Recycling Division
Attention: Loretta Zammarchi, Solid Waste Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
509-576-6421
Notices to Green Solutions, LLC shall be sent to the following address:
Green Solutions, LLC
Attention: Rick Hlavka, Principal
PO Box 680
South Prairie, WA 98385
360-897-9533
14. Insurance: At all times during performance of the Services, Green Solutions, LLC shall secure and
maintain in effect insurance to protect the Client and Green Solutions, LLC from and against all claims,
damages, losses, and expenses arising out of or resulting from the performance of this Contract. Green
Solutions, LLC shall provide and maintain in force insurance in limits no less than that stated below, as
applicable. The Client reserves the right to require higher limits should it deem it necessary in the best
interest of the public. If Green Solutions, LLC carries higher coverage limits than the limits stated below,
such higher limits shall be shown on the Certificate of Insurance and Endorsements and the Client shall
be named as an additional insured for such higher limits.
14.1 Commercial General Liability Insurance. Before this Contract is fully executed by the
parties, Green Solutions, LLC shall provide the Client with a certificate of insurance as proof of
commercial liability insurance with a total liability limit of the limits required in the policy, subject to
minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall
clearly state who the provider is, the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The
policy shall name the Client, its elected and appointed officials, officers, agents, employees, and
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volunteers as additional insureds. The insured shall not cancel or change the insurance without first
giving the Client thirty (30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
14.2. Automobile Liability Insurance.
(a) If Green Solutions, LLC owns any vehicles, before this Contract is fully executed by the parties,
Green Solutions, LLC shall provide the Client with a certificate of insurance as proof of automobile
liability insurance and personal umbrella liability insurance with a total liability limit of the limits
required in the policy, subject to minimum limits of One Million Dollars ($1,000,000) per occurrence
combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto"
and be shown on the certificate.
(b) If Green Solutions, LLC does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the same limits as
required in that section of this Contract, which is Section 14.1 entitled "Commercial General Liability
Insurance".
(c) Under either situation described above in Section 14.2.a. and Section 14.2.b., the required
certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number,
and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this Contract. The policy shall name the Client, its elected and appointed officials, officers, agents,
employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance
without first giving the Client thirty (30) calendar days prior written notice. The insurance shall be with
an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
14.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice
the rights of the Client, its officers, employees, agents, and representatives there under. The Client and
the Client's elected officials, officers, principals, employees, representatives, and agents shall have no
obligation for payment of premiums because of being named as additional insureds under such insurance.
None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the Client until thirty (30) days after written
notice to the Client of such intended cancellation, expiration or change.
15. Jurisdiction and Venue: This Agreement shall be administered and interpreted under the laws of the
State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State.
If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null,
and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue for all disputes arising under this Agreement shall be Yakima County, State of
Washington.
16. Dispute Resolution: In the event that any dispute shall arise as to the interpretation of this
agreement, or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful
then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in
accordance with the laws of Washington. If both parties consent in writing, other available means of
dispute resolution may be implemented.
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EXHIBIT A: SCOPE OF WORK
The following Scope of Work (SOW) identifies the activities that Green Solutions, LLC will perforin for
the Project:
Introduction
This agreement is intended to implement an interagency collaboration between the Washington
Department of Ecology (Ecology) and the City of Yakima. The purpose of that collaboration is
to conduct a feasibility study to assess opportunities and approaches for managing residential
curbside recyclable materials collected in a City -operated collection program. The Ecology
grant will allow the City's Solid Waste Division to conduct a Recycling Planning Project that
will achieve the outcomes listed below.
Intended Outcomes
The interagency collaboration between Ecology and the City of Yakima is anticipated to achieve
the following outcomes:
• Collect data regarding solid waste and recycling receivables for the city and calculate a
diversion rate for a citywide curbside recycling program
• Project potential diversion and cost savings from landfill tipping fees and hauling costs,
specifically related to the projected closure of the Terrace Heights Landfill in 2022
• Identify facilities that would be capable of accepting materials collected from a city sponsored
recycling program
• Assess whether the local markets and volumes can sustain a recycling processing facility
• Explore ownership and operation alternatives for a processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and level of service
• Identify potential obstacles for proceeding forward with a recycling program for the city
• Include collaborative partnerships with neighboring cities and solid waste jurisdictions in all
calculations and assumptions
• Include a statement of findings regarding how the findings from this study can help assist other
small urban/rural cities and counties implement and maintain recycling programs
• Develop recommendations for what a future Request for Proposals might include
• Provide a final summary analysis and report of work by the City of Yakima and/or contractors
and future recommendations
If successful, this project could provide a new model for processing recyclables in eastern
Washington.
The specific tasks intended for the Agreement between the Client and Green Solutions, LLC are
shown in the following table.
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Requirements, Tasks and Deliverables:
Task
Deliverables
Timeline
1
• Provide a project plan to Ecology for review and approval
by Ecology that outlines how the City of Yakima intends to
accomplish the objectives, outcomes, and deliverables
mentioned in this Interagency Agreement
• Gather necessary solid waste and recycling data needed to
determine diversion rates, cost savings, local markets, and
identify potential obstacles that might prevent the
implementation of curbside recycling for the City of Yakima
and any potential collaboration with surrounding
neighboring cities and solid waste jurisdictions
• Provide a plan to Ecology that details how potential barriers
to implementing curbside recycling for the City of Yakima
and collaboration with surrounding neighboring cities and
solid waste jurisdictions will be overcome
March — April 2017
2
• Identify facilities that would be capable of accepting materials
collected from a city sponsored recycling program
• Assess whether the local markets and volumes can sustain a
recycling processing facility
• Explore ownership and operation alternatives for a processing
facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and
level of service
• Breakdown and overcome potential obstacles for proceeding
forward with a recycling program for the city including
collaborative partnerships with neighboring cities and solid
waste jurisdictions
• Include rate, volume, and diversion calculations and
assumptions for the City of Yakima along and in combination
with collaborative partnerships with neighboring cities and solid
waste jurisdictions
April — June 2017
3
• Provide a final summary analysis and report of work by the
City of Yakima and/or contractors to Ecology that includes
future recommendations and plans to implement curbside
recycling.
• Include a statement of findings regarding how the findings from
this study can help assist other small urban/rural cities and
counties implement and maintain recycling programs
• Develop recommendations for what a future Request for
Proposals might include
By June 30, 2017
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EXHIBIT B: PROJECT BUDGET/FEE SCHEDULE
Task
Hours
ExpensesCost
by
Rick H,
GS
Sharon
H, GS
Chris B,
B&A
TerrillTask
Chang
1. Project Design and
Research
44
52
28
11
$312
$14,453
2. Facility and Contract
Options
53
43
79
30
$0
$23,188
3. Prepare Report and
Recommendations
43
6
34
16
$356
$11,359
Totals
140
101
141
57
$668
$49,000
Staffing and Billing Rates Rick Hlavka, Green Solutions, $95/hour; Sharon Hlavka, Green Solutions,
$95/hour; Chris Bell, Chris Bell and Associates, $142/hour; Terrill Chang, B -Town Consulting, $95/hour
The fees for this project are based on the estimated time to complete the project, and total fees for the
project are estimated at $49,000 (forty-nine thousand dollars). This project total is a not to exceed fee
based on the outlined work program. If the project can be completed in less time than estimated, then
Green Solutions, LLC will bill accordingly. If a proposed change in scope requires more time and
expenses, then any changes will be discussed with City staff and written authorization received prior to
proceeding. The City will reimburse the consultant for any out of pocket expenses including mileage and
other reasonable expenses approved by the Solid Waste Manager. Unless otherwise agreed in writing,
fees will be billed monthly at the first of each month for the preceding month and will be payable within
30 days of the date of the invoice.
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EXHIBIT C: PROJECT SCHEDULE
Performance of the Scope of Work described in Exhibit A will begin immediately upon notice to proceed.
Major milestones are estimated as follows.
® Notice to Proceed (NTP): anticipated mid-March 2017
■ Review Draft Study Findings with Division Staff: Within 2 months of NTP (anticipated mid-
May)
® Submit Draft Report: Within 3 months of NTP (anticipated mid-June 2017)
® Submit Final Report: Within 3.5 months of NTP (anticipated June 30, 2017)
REc
P,,FR 01 2017
Dept , >fj caoOffice
Central c-�a
DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1 7001 15 (will be assigned by Contracts Unit)
INTERAGENCY AGREEMENT (IAA)
BETWEEN
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
City of Yakima
THIS INTERAGENCY AGREEMENT ("Agreement" or "IAA") is made and entered into by and between
the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY", and the City of
Yakima pursuant to the authority granted by Chapter 39.34 RCW.
THE PURPOSE OF THIS AGREEMENT is a collaboration between ECOLOGY and the City of
Yakima to conduct a feasibility study to assess opportunities and approaches for managing residential
curbside materials collected in a City -operated curbside collection program. This funding will allow the
City's Solid Waste Division to conduct a Recycling Planning Project to gather essential data to estimate
recycling tonnage, prepare cost estimates, analyze processing requirements, and evaluate opportunities
and alternatives prior to drafting a Request for Proposals for processing services. If successful, this
project could provide a new model for processing recyclables in Eastern Washington.
WHEREAS, interagency collaboration and work products will be beneficial to both ECOLOGY and The
City of Yakima in carrying out the duties authorized in RCW 70.95 and operating a solid waste handling
system authorized under RCW 35.21.120 and powers to enter into cooperative agreement under RCW
39.34.030.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
1) SCOPE OF WORK
The City of Yakima shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise
do all things necessary for or incidental to the performance of the work set forth in Appendix A, Statement of
Work and Budget, attached hereto and incorporated herein.
2) PERIOD OF' PERFORMANCE
The period of performance of this IAA is tentatively scheduled to commence on March 1, 2017, or date of final
signature, whichever comes later. Project completion is anticipated to be June 30, 2017. Amendments
extending the period of performance, if any, shall be at the sole discretion of ECOLOGY.
Version 3/18/16
State of Washington Department of Ecology — IAA # C1700115
3) COMPENSATION
ECOLOGY shall compensate the City of Yakima for the work done by the City of Yakima, as outlined in the
Scope of Work and as otherwise indicated herein. Compensation shall be reimbursement -based in accordance
with this IAA and as has been established under the terms of RCW 39.34.130 and RCW 39.26.180(3).
The parties have determined that the cost of accomplishing the work identified herein will not exceed $55,000.
Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually
agree via an amendment to this IAA to a higher amount.
Compensation for services shall be based on the terms and tasks set forth in Appendix A, Statement of Work
and Budget. ECOLOGY will not make payment until it has reviewed and accepted the completed work.
4) BILLING AND PAYMENT PROCEDURE
Payment requests shall be submitted on state form, Invoice Voucher A19 -1A. Invoices shall describe and
document to ECOLOGY's satisfaction a description of the work performed, the progress of the work, and
related costs. Each invoice voucher shall reference the Agreement (IAA) number and clearly identify those
items that relate to performance under this Agreement. Payment will be made within thirty (30) clays of a
properly completed invoice (form A19 -IA) with supportive documentation. The City of Yakima shall
provide a general ledger report with each invoice that details the monthly costs incurred along with a
monthly project status update. The City of Yakima shall maintain complete program and financial records
relating to this Agreement. ECOLOGY reserves the right to audit, or have a designated third party audit,
applicable records to ensure that the state has been properly invoiced
Send invoices to:
State of Washington
Department of Ecology
Attn. James Rivard
1250 W. Alder Street
Union Gap, WA 98903
Payment requests shall be submitted on a monthly basis. Upon expiration of this Agreement, any claim for
payment not already made shall be submitted to ECOLOGY within 30 days after the expiration date.
Payment will be issued through Washington State's Department of Enterprise Services Statewide Payee
Desk. To receive payment you must be registered as a state-wide vendor. To register submit a state-wide
vendor registration form and an IRS W-9 form at website,
http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.asox. If you
have questions about the vendor registration process you can contact DES at the Payee Help Desk at
(360) 407-8180 or email payeehelpdesk@des.wa.gov.
5) ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
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Version 3/18/16
State of Washington Department of Ecology — IAA # C1700115
6) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable
by either party in whole or in part, without the express prior written consent of the other party, which consent
shall not be unreasonably withheld.
7) ASSURANCES
Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the
applicable current federal, state and local laws, rules, and regulations.
8) CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
9) DISPUTES
Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to
litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties,
it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall
appoint one member to the Dispute Board. The members so appointed 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 then make a determination of the dispute. The determination of the Dispute Board
shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be
borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the
parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the
Governor's process will control. The parties may mutually agree to a different dispute resolution process.
10) FUNDING AVAILABILITY
ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from
state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding
limitations and conditions. ECOLOGY may also elect to suspend performance of the Agreement until
ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these
options with no notification restrictions.
11) GOVERNING LAW AND VENUE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state
of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston
County.
12) INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other party.
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State of Washington Department of Ecology — IAA # C1700115
13) ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and rules.
b. Mutually agreed upon written amendments to this Agreement.
c This Agreement, number C17001 15.
d. Appendix A, Statement of Work and Budget.
e. Any other provisions of this Agreement, including materials incorporated by reference.
14) RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors,
and any persons duly authorized by the parties or by law shall have full access and the right to examine any of
these materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will
remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it
a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties
subject to state public disclosure laws.
15) RESPONSIBILITIES OF THE PARTIES
Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or
property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents.
Neither party will be considered the agent of the other party to this Agreement.
16) RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by
the U.S Copyright Act of 1976 and shall be owned by state of Washington, ECOLOGY. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies,
computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights.
17) 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 this 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.
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18) SUBCONTRACTORS
The City of Yakima agrees to take complete responsibility for all actions of any Subcontractor used under this
Agreement for the performance contemplated herein. When federal funding is involved there will be additional
subcontractor requirements and reporting.
Prior to performance, all subcontractors who will be performing services under this Agreement must be
identified, including their name, the nature of services to be performed, address, telephone, WA State
Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and
anticipated dollar value of each subcontract. This information shall be provided to ECOLOGY's Agreement
manager.
19) TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either party violates any of these terns and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity to correct the violation
or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be
terminated immediately by written notice of the aggrieved party to the other after the fifteen business day time
period has expired.
20) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement for any reason upon thirty (30) calendar day prior written
notification to the other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
21) WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequently exercising its rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a written amendment to this Agreement signed by an authorized representative of
each of the parties.
22) AGREEMENT MANAGEMENT
The representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The ECOLOGY Representative is:
The City of Yakima Representative is:
Name: James Rivard
Address: 1250 W Alder Street
Union Gap WA 98903
Phone: (509) 457-7123
Email: james.rivard@ecy.wa.gov
Name: Loretta Zammarchi
Address: 2301 Fruitvale Blvd.
Yakima WA 98902
Phone: (509) 576-6421
Email: Loretta.Zammarchi@yakima.gov
Fax:
Fax:
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23) ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
IN WITNESS WHEREOF, the parties below, having read this Contract in its entirety, including all
attachments, do agree in each and every particular and have thus set their hands hereunto.
State of Washington
Department of Ecology
By: V) Ct"'"—e-)69
City of Yakima
By:
Signature_ Date Signature
La -U -v' 6 • LatI1
Print Name:
Title: Title:
(14
31a61��
Date
Print Name:
W14'0
Approved as to fornr
Attorney General's Office
Version 3/18/16
ATTEST:
By
Sonya CI:ar Tee, City Clerk
City Resolution No R - -)O 1 7- D y3
City Contract No. 0017- O(f O
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State of Washington Department of Ecology — IAA # C1700115
APPENDIX A
STATEMENT OF WORK AND BUDGET
Introduction
This interagency collaboration is between ECOLOGY and the City of Yakima to conduct a
feasibility study to assess opportunities and approaches for managing residential curbside
materials collected in a City -operated curbside collection program. This funding will allow the
City's Solid Waste Division to conduct a Recycling Planning Project to gather essential data to
estimate recycling tonnage, prepare cost estimates, analyze processing requirements, and
evaluate opportunities and alternatives prior to drafting an Request for Proposals for processing
services. If successful, this project could provide a new model for processing recyclables in
Eastern Washington.
Intended outcomes
• Collect data regarding solid waste and recycling receivables for the city and calculate a
diversion rate for a citywide curbside recycling program
• Project potential diversion and cost savings from landfill tipping fees and hauling costs,
specifically related to the projected closure of the Terrace Heights Landfill in 2022
• Identify facilities that would be capable of accepting materials collected from a city sponsored
recycling program
• Assess whether the local markets and volumes can sustain a recycling processing facility
• Explore ownership and operation alternatives for a processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and level of service
• Identify potential obstacles for proceeding forward with a recycling program for the city
• Include collaborative partnerships with neighboring cities and solid waste jurisitictions in all
calculations and assumptions
• Include a statement of findings regarding how the findings from this study can help assist other
small urban/rural cities and counties implement and maintain recycling programs
• Develop recommendations for what a future Request for Proposals might include
• Provide a final summary analysis and report of work by the City of Yakima and/or contractors
and future recommendations
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Requirements, Tasks and Deliverables:
Task
Deliverables
Timeline
1
• Provide a project plan to ECOLOGY for review and
approval by ECOLOGY that outlines how the City of
Yakima intends to accomplish the objectives, outcomes, and
deliverables mentioned in this Interagency Agreement
• Gather necessary solid waste and recycling data needed to
determine diversion rates, cost savings, local markets, and
identify potential obstacles that might prevent the
implementation of curbside recycling for the City of Yakima
and any potential collaboration with surrounding
neighboring cities and solid waste jurisdictions
• Provide a plan to ECOLOGY that details how potential
barriers to implementing curbside recycling for the City of
Yakima and collaboration with surrounding neighboring
cities and solid waste jurisdictions will be overcome
March — April 2017
2
• Identify facilities that would be capable of accepting
materials collected from a city sponsored recycling program
• Assess whether the local markets and volumes can sustain a
recycling processing facility
• Explore ownership and operation alternatives for a
processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees
and level of service
• Breakdown and overcome potential obstacles for proceeding
forward with a recycling program for the city including
collaborative partnerships with neighboring cities and solid
waste jurisdictions
• Include rate, volume, and diversion calculations and
assumptions for the City of Yakima along and in combination
with collaborative partnerships with neighboring cities and
solid waste jurisdictions
April — June 2017
3
• Provide a final summary analysis and report of work by the
City of Yakima and/or contractors to ECOLOGY that
includes future recommendations and plans to implement
curbside recycling.
• Include a statement of findings regarding how the findings from
this study can help assist other small urban/rural cities and
counties implement and maintain recycling programs
• Develop recommendations for what a future Request for
Proposals might include
By June 30, 2017
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Project budget
Project budget breakdown:
Combined consultant expense
$49,000
$23,335 Salary for Solid Waste Financial Analysis is $142.00 per hour, not to
exceed $23,335.00, March 7, 2017 through June 30, 2017 (3.5 months).
+ $25,665
$49,000
Salary for Solid Waste and Recycling Consultant is $95.00 per hour, not to
exceed $25,665.00, March 7, 2017 through June 30, 2017 (3.5months)
Total combined
City of Yakima Staff Salaries and Benefits
$6,000
$4,020 Salary for City of Yakima Solid Waste Manager is $47.84 per hour plus
benefits not to exceed $6,000
X 33.0% % benefits expense;
$6,000
Total project budget =_
1$55,00d
Table 1: Total project budget expense tabulation
Expense Description (See Project budget breakdown, above)
Expense
Combined consultant expense =
$49,000
Total City of Yakima Salaries and benefits costs=
$6,000
Total project budget =
$55,000
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 12.
For Meeting of: March 21, 2017
Resolution authorizing an agreement with the State of Washington,
Department of Ecology to conduct a Recycling Planning Project to
assess opportunities and approaches for managing residential
curbside materials collected in a City -operated collection program
Scott Schafer, Public Works Director - 509 576-6411
Loretta Zammarchi, Solid Waste and Recycling Manager - 509 576-
6421
SUMMARY EXPLANATION:
In a collaborative effort to explore recycling opportunities in the City of Yakima (City), the
Washington State Department of Ecology is providing funding in the amount of $55,000 to the
City's Solid Waste and Recycling Division to conduct a Recycling Planning Project.
The purpose of the project is to assess opportunities and approaches for managing residential
curbside materials collected in a City -operated curbside collection program. The funding will
allow the Division to gather essential data to estimate recycling tonnage, prepare cost estimates,
analyze processing requirements and evaluate other recycling opportunities and alternatives prior
to seeking processing services.
Intended outcomes of this feasibility study on residential curbside recycling include:
• Collect data regarding solid waste and recycling receivables for the city and calculate a
diversion rate for a city-wide curbside recycling program
• Project potential diversion and cost savings from the landfill tipping fees and hauling costs,
specifically related to the projected closure of the Terrace Heights Landfill in 2022
• Identify facilities that would be capable of accepting materials collected from a city
sponsored recycling program
• Assess whether the local markets and volumes can sustain a recycling processing facility
• Explore ownership and operation alternatives for a processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and level of service
• Identify potential obstacles for proceeding forward with a recycling program for the city
• Include collaborative partnerships with neighboring cities and solid waste jurisdictions in all
calculations and assumptions
• Include a statement of findings regarding how this study can help assist other small
urban/rural cities and counties implement and maintain recycling programs
• Develop recommendations for what a future Request for Proposals might include
• Provide a final summary analysis and report of work by the City of Yakima and/or contractors
and future recommendations
The attached Interagency Agreement outlines the terms and conditions of the Agreement.
ITEM BUDGETED:
No
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
D resolution
D InterAgency Agreement
Upload Date
3/14/2017
3/2/2017
Type
Comer Memo
Contract