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HomeMy WebLinkAboutR-2011-144 Illegal Tire Dumping Abatement Agreement with Washington State Department of EcologyRESOLUTION NO. R-2011-144 A RESOLUTION authorizing the City Manager to execute and administer an intergovernmental agreement between the City of Yakima and the Washington State Department of Ecology for the removal and abatement of illegally dumped tires and tire piles, and providing for reimbursement of city expenses incurred therein up to $18,690.33. WHEREAS, pursuant to Chapter 39.34 RCW, the City of Yakima and the Washington State Department of Ecology ("Ecology") may enter into intergovernmental agreements for the performance of public service; and WHEREAS, the City of Yakima, by and through its Public Works Refuse Division, and Ecology have negotiated an intergovernmental agreement providing for the removal and abatement of illegally dumped tires and tire piles, with reimbursement from Ecology of amounts expended by the City of Yakima for such purposes, up to the amount of $18,690.33; and WHEREAS, the City Council finds and determines that it is in the best interest of the City of Yakima to agree to the terms and conditions of the attached agreement, and that such agreement will promote the general health, safety and welfare; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The City Manager of the City of Yakima is hereby authorized and directed to execute and administer the attached agreement between the City of Yakima and the Washington State Department of Ecology, which agreement is attached hereto and incorporated herein as Exhibit "A." 2. This Resolution shall be effective upon adoption and execution as provided by law. ADOPTED BY THE CITY COUNCIL this 20th day of September, 2011. Micah Cawley Mayor ATTEST i; Com avio-`'7 INTERAGENCY AGREEMENT NO C1200114 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND City of Yakima - Public Works - Refuse Division THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY", and the City of Yakima - Public Works -Refuse Division hereinafter referred to as "City of Yakima -Public Works -Refuse Division" IT IS THE PURPOSE OF THIS AGREEMENT: Project: To remove illegally dumped tires and tire piles through out the city limits that are on public and private property, and to educate the tire dealers and the public about the proper ways and resources to remove the unwanted tires for recycling and proper removal techniques. Because the City of Yakima has seen an increase in illegal tire dumping in alleyways, city streets, and public property, proactive and aggressive means of enforcing illegal dumping and non - licensed tire haulers within the city are necessary and appropriate. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK City of Yakima -Public Works -Refuse Division 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 Attachment "A" attached hereto and incorporated herein. PERIOD -OF PERFORMANCE Subject to its other provisions, the periodof performance of this Agreement shall commence on September 1, 2011 and be completed by June 30, 2012, unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed $ 18,690.33. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s) shall be based on the following rates or in accordance with the following terms, or as set forth in accordance with the budget in Attachment "A" which is attached hereto and incorporated herein. BILLING PROCEDURE City of Yakima -Public Works -Refuse Division shall submit invoices with a state invoice voucher (A19 -1A). City of Yakima -Public Works -Refuse Division invoices will be submitted to the Contract Manager for ECOLOGY, the name and address is provided at the end of this agreement. The invoices will include detailed backup to justify the invoiced amount, including copies of the contractors weight receipts documenting the tonnages removed. Payment to the City of Yakima -Public Works -Refuse Division for approved and completed work will be made by warrant or account transfer by ECOLOGY within 30 days of receipt of a properly completed invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier: RECORDS MAINTENANCE Yakima IAA.doc 9122/2011 The parties to this Agreement shall each maintain books, records, documents and other evidence which 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 and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties 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. 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 jointly owned by ECOLOGY and City of Yakima -Public Works -Refuse Division. 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. 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. AGREEMENT 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. TERMINATION Either party may terminate this Agreement upon 30 days' 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. 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 terms 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 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that 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 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 make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, 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. Yakima IAA.doc 912212011 GOVERNANCE 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. 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 state and federal statutes and rules; b. Statement of work; and c. Any other provisions of the agreement, including materials incorporated by reference. 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. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 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. 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. CONTRACT MANAGEMENT The program manager 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 Contract/Program Manager for ECOLOGY is: Kara J. Steward Waste 2 Resources PO Box 47600 Olympia, WA 98504-7600 360-407-6250 360-407-6102 (fax) kara.steward(a�ecy.wa.gov The Contract/Program Manager for City of Yakima -Publics Works -Refuse Division is: James Scott City of Yakima -Public Works -Refuse Division 2301 Fruitvale Blvd Yakima IAA.doc 912212011 Yakima, WA 98902 509-576-6745 509-576-6486 jscott@ci.yakima.wa.us IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington Department of Ecology D%/t-e XL/IX/- 'ionald B. Cooper, Ci Manager er P �i 9 City of Yakima -Public Works -Refuse Division 1 fedt,Y1 / 2'kx4J(/%4 /0/d { 1/ Title �! APPROVED AS TO FORM: ATTORNEY GENERAL'S OFFICE Date ATTEST: CITY CONTRAC T NO:a° — 7 7 RESOLUTION NO: Ih- a°1 I-1'1 Yakima IAA.doc 9122/2011 ATTACHMENT "A" STATEMENT OF WORK Project: To remove illegally dumped tires and tire piles through out the city limits that are on public and private property. Our plan is to educate the tire dealers and the public about the proper ways and resources to remove the unwanted tires for recycling and proper removal techniques. We are taking proactive and aggressive means of enforcing illegal dumping and non -licensed tire haulers within the city. The City of Yakima has seen an increase in illegal tire dumping in alleyways, city streets, and public property. Task Unit Cost Units Total Tire Removal $150.00 / ton 39.72 tons $5,958.00 Staff support Regular or overtime $57.13/hour 71 hours $4,056.23 Other equipment $30.00/hour 71 hours $2,130.00 Other supples $6,546.10 each $6,546.10 Advertising 0 0 0 TOTAL $18,690.33 Yakima IAA.doc 9/22/2011 • • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9 For the Meeting of Sept. 20, 2011 A Resolution authorizing the City Manager to Execute an Agreement with the Washington State Department of Ecology to Abate Illegal Tire Dumping. SUBMITTED BY: Chris Waarvick, Director of Public Works Nancy Fortier, Refuse Manager CONTACT PERSONITELEPHONE: Nancy Fortier, 576-6421 SUMMARY EXPLANATION: In response to continued illegal tire dumping in alleyways, city streets and public property, James Scott, Refuse Code Compliance, recently submitted a grant application to the Department of Ecology (Ecology) for financial assistance to remove illegally dumped tires throughout the City, educate legitimate dealers about proper disposal and recycling, and enforce the Yakima Municipal Code (YMC 14.6) on those who violate the provisions of the YMC. The grant award is for a "not to exceed" amount of $18,690.33. This amount is appropriated into the Refuse budget under separate cover from Finance. Part of the grant will procure a specially designed video camera which can be installed at locations overlooking historic dump sites. This video camera will have night vision capability and solar power capacity. The video may be obtained by proximate "wifi" download. This evidence will be used by law enforcement to prosecute violators. Ecology was impressed that the City had pursued cases against illegal tire dumping scofflaws in the past. The City Legal Department has reviewed the contract and finds it acceptable to form and provisions. Resolution X Ordinance Other (Specify) Contract X Send to: (Name and Address) Kara J. Steward, Waste 2 Resources, P.O. Box 47600, Olympia, WA 98504 Phone: 360-407-6250 Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully recommends that City Council approve the attached Resolution authorizing the City Manager to execute the attached agreement with the Washington State Department of Ecology. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: