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HomeMy WebLinkAboutR-2009-107 WWTP Local Limit Development Consultation Agreement with CWA Consulting Services, LLCA RESOLUTION RESOLUTION NO. R-2009-107 authorizing and directing the City Manager of the City of Yakima to execute an agreement with CWA Consulting Services, LLC for Local Limit Development for the Yakima Wastewater Treatment Plant. WHEREAS, the City of Yakima Wastewater Division received a letter from the Department of Ecology, dated October 10, 2008, in which the following is stated: "Ecology finds that the City of Yakima should re-evaluate Local Limits and reclassify FIFRA local limits as a prohibition to discharge. This should be completed by July 2010, for incorporation into the next Permit cycle beginning June 30, 2011." In order to comply, with the mandatory Local Limit study, the City requires services from an agency that has expertise in Local Limit Development; and, WHEREAS, Curt McCormick, CWA Consulting Services, LLC., represents that he has the expertise necessary and is willing to perform the Local Limit Development required by the City in accordance with the terms and conditions of this Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached "Agreement" with Curt McCormick, Owner, CWA Consulting Services, for the purpose stated above, a copy of which is attached hereto and incorporated by this reference. ADOPTED BY THE CITY COUNCIL this 21st day of July, 20 ATTEST: 62„/„6-,z_u City Clerk 9 avi Edler, Mayor Af-a0Oq- / PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF YAKIMA and CWA CONSULTING SERVICES, LLC THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City") and Curt McCormick, CWA Consulting Services, LLC (hereinafter "CWACS"). WHEREAS, the City requires services in order to comply with a mandatory Local Limit Development for a State of Washington approved package, including relevant Local Limit updates to Chapter 7 65, Sewer Use and Pretreatment Regulations, Yakima Municipal Code, and marked Exhibit "A", attached hereto and incorporated by this reference; the City of Yakima Wastewater Division received a letter from the Department of Ecology, dated October 10, 2008, in which the following is stated* "Ecology finds that the City of Yakima should re-evaluate Local Limits and reclassify FIFRA local limits as a prohibition to discharge. This should be completed by July 2010, for incorporation into the next Permit cycle beginning June 30, 2011"; and, WHEREAS, CWACS represents it has the expertise necessary and is willing to perform the Local Limit Development required by the City in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and CWACS as follows: 1. Scope of Services. (1) CWACS shall provide the City with Local Limit Development services associated with a State of Washington approved Local Limit package including relevant local limit updates to Chapter 7.65, Sewer Use and Pretreatment Regulations, Yakima Municipal Code. (2) CWACS shall provide the City with a licensed copy of the CWACS local limits spreadsheet and free updates for 2009. CWACS shall provide the City with a copy of municipal legal authority showing the changed local limits. (3) CWACS shall provide said consulting services to the City through a series of mutually agreed task orders that shall become a part of this Agreement. Specifically, prior to commencement of any services, the City and the CWACS shall mutually agree upon and execute a task order for the specified Local Limit services. Each task order shall describe the following items; the services to be provided; the time of performance for the services; the fee for the services; and any provisions additional to this Agreement. The consulting services may include, but are not limited to, the services listed on general project description and draft task orders. However, execution of this Agreement does not obligate either party to provide or accept any services listed in Exhibit A until the services are mutually agreed on and a specific task order is executed for the services. 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate at the time of completion of all services/tasks required hereunder unless the Agreement is earlier terminated by either party under Section 25 of this Agreement. CWACS shall provide such services as are described on executed task orders in accordance with the time schedule set forth in Exhibit A. CWACS shall proceed with such services in a timely and diligent manner but shall not be responsible for delays caused by others beyond CWACS' control or which could not have been reasonably foreseen by the parties at the time the respective task order was executed. Professional Services Agreement Page 1 of 12 City of Yakima and CWACS 3. Compensation. a. Fees for Services. CWACS shall be compensated for Local Limit Development services hereunder by as provided in Section 3.d. below b. Maximum Fee for Services. Unless this agreement is otherwise modified by the parties, the total compensation paid to CWACS for all services provided under this Agreement shall not exceed $12,000 c. Renegotiation of Maximum Fee. CWACS reserves the right to renegotiate the maximum fee specified in a particular task order if the scope of services in the task order is changed by the City, or if conditions beyond the control of the parties shall cause CWACS to incur additional costs and expenses in providing the services required under the task order. In either event, CWACS shall promptly notify the City in writing of the anticipated additional fees or reduction of fees Thereafter, and unless otherwise agreed by the parties, CWACS shall not proceed with the modified/changed services until the parties agree in writing to a renegotiated maximum fee for that task order. d. Payment of Compensation. The City shall make a 33% payment to CWACS within 14 days of execution of the contract. The City shall make a 33% payment within 14 days of State acceptance of the local limit package. The City shall make a 34% payment within 14 days of approval by the City Council and the State. All payments are expressly conditioned upon CWACS providing services hereunder that are satisfactory to the City e. Payment in the Event of Termination. In the event that either party terminates this Agreement under Section 25, CWACS shall be compensated in accordance with the above terms for all satisfactory completed services provided to the City up to the effective termination date. 4. Standard of Performance. CWACS shall perform all work and services required under this Agreement in accordance with generally accepted consulting standards, and shall be responsible for the technical soundness and accuracy of all work and services furnished pursuant to this Agreement consistent with the provisions marked Exhibit "B", attached hereto and incorporated by this reference. 5. Cost Estimates. The City is herewith advised that CWACS has no control over the cost of labor, material, equipment; subcontractors' and suppliers' methods of producing and delivering such goods and services; or over the methods and styles of competitive bidding or market conditions. Accordingly, CWACS cost estimates are made and furnished on the basis of CVVACS experience and qualifications and represent only best judgment as a consulting firm familiar with the construction industry. As such, CWACS cannot and does not warrant or guarantee the accuracy of its cost estimates, or that cost estimates will not vary significantly from the actual project realized by the City. 6. Inspection and Audit. CWACS shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or of the Washington State Auditor at all reasonable times, CWACS shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or of the Washington State Auditor where necessary to conduct or document an audit. In the event that Professional Services Agreement Page 2 of 12 City of Yakima and CWACS any audit or inspection identifies any discrepancy in such financial records, CWACS shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. CWACS shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7. Ownership of Documents All reports, evaluations and data prepared or obtained by CWACS pursuant to this Agreement shall be the property of the City upon payment made by the City to CWACS in accordance with Sections 3 of this Agreement. CWACS shall provide the City with electronic originals and/or reproducible copies of such documents in accordance with the respective task order or when requested by City representatives. CWACS does not intend or represent that such documents are suitable for reuse by the City or others on extensions of this project or with regard to any other project. Any such reuse without the written permission of the CWACS shall be at the City's risk. 8. Information Provided by the City. The City shall provide CWACS with access to all information at its disposal pertinent to the site of the project area, including but not limited to previous reports, drawings, plats, surveys, utility records and other similar data. Absent specific written direction to the contrary, CWACS shall be entitled to rely upon the completion and accuracy of such documentation. 9. Status of CWACS. CWACS and the City understand and expressly agree that CWACS is an independent contractor in the performance of each and every part of this Agreement. CWACS shall have the sole judgment of the means, mode or manner of the actual performance of work/services required under this Agreement. CWACS, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the work/services required under this Agreement. Additionally, and as an independent contractor, CWACS shall make no claim of City employment nor shall CWACS make any claim against the City for any related employment benefits, social security and/or retirement. 10. Taxes and Assessments. CWACS shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, CWACS shall pay the same before it becomes due 11. Nondiscrimination Provision. During the performance of this Agreement, CWACS 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 12. The Americans with Disabilities Act. CWACS shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq (ADA), and its implementing regulations, and Washington State's anti -discrimination law as contained in Chapter 49.60, RCW and its implementing regulations, with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the Professional Services Agreement Page 3 of 12 City of Yakima and CWACS area of employment, public accommodations, public transportation, state and local government services and telecommunications. 13. Compliance With Law. CWACS agrees to perform all work/services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 14. No Insurance. It is understood the City does not maintain liability insurance for CWACS. 15. Indemnification and Hold Harmless. CWACS agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected officials, agents, officers, and employees (hereinafter "parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to CWACS' provision of services, work or materials pursuant to this Agreement. CWACS further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. 16. Insurance provided by CWACS. Professional Liability Insurance. On or before the date this Agreement is fully executed by the parties, CWACS shall provide the City with a certificate of insurance as evidence of Professional Errors and Omissions Liability Insurance with coverage of at least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit of at least One Million Dollars ($1,000,000.00). The certificate shall clearly state who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated A -VII or higher in Best's Guide If the policy is on a claims made basis, the retroactive date of the insurance policy shall be on or before September 21, 2005, or shall provide full prior acts. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. 17. Delegation of Professional Services. The services provided for herein shall be performed by CWACS and no other person. 18. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by CWACS to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of CWACS stated herein. 19. No Conflict of Interest. CWACS represents that it does not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. CWACS further covenants that it will not hire Professional Services Agreement Page 4 of 12 City of Yakima and CWACS anyone or any entity having such a conflict of interest during the performance of this Agreement. 20. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 21. Third Parties. The City and CWACS are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. 22. Drafting of Agreement. Both the City and CWACS have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are being interpreted and/or enforced. 23. Integration. This written document constitutes the entire agreement between the City and CWACS There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 24. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 25. Termination. The City or CWACS may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. 26. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO CWACS: Arlene Carter Wastewater Division 2220 East Viola Yakima, WA 98901 Curt McCormick CWA Consulting Service, LLC PO BOX 448 Pine, CO 80470 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Professional Services Agreement Page 5 of 12 City of Yakima and CWACS 28. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington CITY OF YAKIMA By: R. A. Zais, Jr—City Manager DATE• 7/21/// ATTEST: i6L--)YaLgA-L) Deborah Moore, City Cler City Contract No. CWA CONSULTING SERVICES By: Curt McCormick, CWA Consulting Services Principal DATE: / Professional Services Agreement Page 6 of 12 City of Yakima and CWACS 1 EXHIBIT "A" CITY OF YAKIMA LOCAL LIMIT DEVELOPMENT CWA Consulting Services, LLC SCOPE OF WORK Task Order: A. Provide the City of Yakima with a Washington State approvable local limits package, meeting the requirements of the State of Washington's requirements, including relevant local limit updates to Chapter 7.65, Yakima Municipal Code, Sewer Use and Pretreatment Regulations. B Provide the City with a licensed copy of the CWACS local limits spreadsheet and free updates for 2009. C. Provide the City with a copy of their current legal authority showing the changed local limits. Professional Services Agreement Page 7 of 12 City of Yakima and CWACS www.CWACS.com EXHIBIT "B" CWA Consulting Services, LLC P.O. Box 448 Pine, CO 80470 303-816-1028 Confidential Business Information - DRAFT Date: January 28, 2009 Proposal for: Yakima, Washington Proposal Contact: Arlene Carter acarter@ci.yakima.wa.us Pretreatment Supervisor City of Yakima Wastewater Division (509) 575-6077 Situation Appraisal The City of Yakima (City) has requested a proposal to complete a local limits study. The City is required to complete a re-evaluation of its local limits pnor to expiration of the existing permit on June 30, 2011. Local limits will be developed for Significant Industrial Users (SIUs). Local limits for the EPA required metals, BOD5 and TSS would be developed. BOD and TSS local limits would be developed based upon the Design Standards. Local limits for Benzene and BTEX would be developed based upon existing EPA technology. Limits for other pollutants would be evaluated based upon existing data and the preference for permit -specific local limits rather than POTW service area wide local limits. Based upon the current industry profile, CWACS anticipates that concentration -based local limits will be adopted for metals, Benzene and BTEX, whereas mass -based limits will be adopted for BOD5 and TSS. The local limits project will include providing a Maximum Allowable Industrial Load (MAIL) for the mass -based limits. The City has a partial Pretreatment Program approved. The State of Washington issues permits to industrial users that are located in jurisdictions that discharge to the Yakima collection system (e.g. Union Gap). The City permits 21 discharging SIUs and the State issues permits to 4 of the SIUs located in another jurisdiction. Del Monte appears to discharge to the treatment works through a dedicated sewer line and provides the greatest amount of loading to the POTW during the summer and fall months. The State has established specific monitoring requirements for this industrial discharge in the City's NPDES permit (WA -002402-3). Objectives My objectives for the proposed projects include: Professional Services Agreement Page 8 of 12 City of Yakima and CWACS ✓ Provide the City with a State approvable local limits package, including relevant local limits updates to Chapter 7.65, Sewer Use and Pretreatment Regulations. ✓ Provide the City with a licensed copy of the CWACS local limits spreadsheet and free updates for 2009. ✓ Provide the City with a copy of their current legal authonty showing the changed local limits. nd Costs Activity Note Estimated Timeframes (after signing contract)* Cost Update Local Limits, incorporate into revised ordinance and Compile data, identify areas of incomplete data (if any), document calculations and 45 days to compile data and address incomplete data issues. Project Cost $9,120 provide the City with assumptions, and calculate Excludes costs a local limits local limits. 45 days to provide draft for on-site package. final local limits to the support, if Project reflects that the City City staff (once any data requested (see has >20 SIUs. issues or assumptions are finalized). travel costs later in proposal) 30 days to provide final local limits package after staff approval. * Reflects estimated time. Delays outside the control of CWACS may delay these estimated timeframes. Also assumes that current NPDES low flows and hardness values are to be used or that updated numbers are provided to CWACS during the first 45 days of the contract. Professional Services Agreement Page 9 of 12 City of Yakima and CWACS POTW Project - CWACS, LLC. CWACS Send Checklist for providing data to CWACS y Data Quality Review identify Additional Data Needs (if any) V Collect final data 7 Complete initial calculations Provide a package to the State for review and if review indicates the submittal complete, approval. AA Approval/City Council approval A AA public 01 notice/2nd Reading by City Council Provide Local --i► Limits Calculations —#► to POTW for review Incorporate Comments 1st Reading by City Council Meet with permitted IUs to explain changes (POTW option) r Develop Final Spreadsheet and Legal Authority Legal Review by City Attorney Duration of Project Commencing on or about XXXXX I, 2009 (or as otherwise contracted). The length of this contract is expected to last anywhere from 2 months to 6 months, depending on availability of data. Joint Accountabilities My accountability includes: V Adherence to deadlines and outputs ✓ All administrative and office costs, except as otherwise noted in the activities table ✓ Progress reports/updates as required Your accountability includes: ✓ Access to key individuals Professional Services Agreement Page 10 of 12 City of Yakima and CWACS ✓ Provision and/or access to all information for the project ✓ Payment in conformance with the terms below ✓ Prompt response to receipt and review of draft documents Our joint accountabilities include the following: ✓ We will alert each other of anything we learn that may materially affect the success of the projects. ✓ We will respect each other's confidentiality and proprietary materials and approaches. Terms and Conditions CWA Consulting Services, LLC shall be compensated for the Services to be performed hereunder by: For activities in paragraphs 1,2,3,4 and 6, above: A 33% payment is required within 14 days of execution of the contract. A 33% payment is required within 14 days of State acceptance of the local limits package. A 34% payment is required within 14 days of approval by the City Council and State. Other Expenses: If the City determines that on-site work is required, the following travel costs would be charged: Hotel, parking fees, rental car, and other normal travel costs. Travel time is charged at $35 per hour (first hour is not charged). Hourly rates for on-site work are charged at $110 per hour, 4 hour minimum per day on-site. Please make all checks payable to: CWA Consulting Services, LLC. Other Disclosures: I am fully covered by General Liability Insurance. I am a Limited Liability Company. An insurance certificate will be provided upon request (2,000,000 each occurrence, $4,000,000 general aggregate). In addition, a completed W-9 will be provided for your finance department. Curt McCormick is a U.S. Citizen and does not have any employees and, therefore, not required to carry Workman's Compensation Insurance. No CWACS-owned vehicles will be used on-site or in the performance under this contract. References References are available upon request. Independent Contractor Relationship CWA Consulting Services, LLC., is an independent contractor in all its operations and activities hereunder. The Parties understand and agree that CWA Consulting Services, LLC. is not an employee of the City. Professional Services Agreement Page 11 of 12 City of Yakima and CWACS Liability The City shall not be liable to CWA Consulting Services, LLC for any loss, injury, damage, expense or any liability whatsoever arising out of, or in connection with, the performance of the services required by this Agreement. Each party shall be responsible to the other for any costs or expenses including attorney's fees, all expenses of litigation and/or settlement, and court costs, arising from the default of such party, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under this Agreement. Amendments and Notice Sole authority to make changes in or amendments to this Agreement on behalf of the City rests with and no changes shall be valid unless in writing. This includes specifying additional activities as summarized in All Invoices from CWA Consulting Services, LLC. shall be submitted electronically to: , City of Yakima. Acceptance of Proposal/Terms and Conditions This Agreement integrates, merges, and supersedes any prior offers, negotiations, and agreements concerning the subject matter hereof and constitutes the entire agreement between the Parties. Your signature below indicates acceptance of the terms of this proposal indicated by the projects you have checked. This Proposal Expires on: For the City: Curt McCormick Scurf ScHAFC)2 Owner CWA Consulting erv.ces 0/447111 �a! Ji/ I48, 2009 Date Professional Services Agreement City of Yakima and CWACS Name uiA s1 1AiAit►2 ANOA6C-i2 T'tle Signa ure -7/40 Date Page 12 of 12 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13_ For Meeting of 7/21/09 ITEM TITLE: Consideration of a resolution authorizing the City Manager to execute an agreement with CWA Consulting Services, LLC, for Local Limit Development for the Yakima Wastewater Treatment Plant. SUBMITTED BY: Scott Schafer, Wastewater Division Manager Arlene Carter, Pretreatment Supervisor CONTACT PERSON/TELEPHONE: Arlene Carter, Pretreatment Supervisor (509) 249-6816 SUMMARY EXPLANATION: Local limits are developed to reflect specific needs and capabilities at Publicly Owned Treatment Works (POTWs) and designed to protect receiving waters. EPA regulation 40 CFR 403.8(0(4) states that delegated Pretreatment Programs must develop local limits; and 40 CFR 403.5(c) states that local limits are needed when pollutants are received that could result in pass through or interference at the POTW. In accordance with Section S6.D of the City of Yakima's National Pollutant Discharge Elimination System (NPDES) Waste Discharge Permit # WA -002402-3, as issued by the Department of Ecology (Ecology), the City of Yakima is required to develop and reevaluate local limits in order to prevent pass through or interference. Ecology requires revision or establishment of local limits for any pollutant discharged to the POTW that has a reasonable potential to exceed the Water Quality Standards, Sediment Standards, or established effluent limits, or causes whole effluent toxicity. Ecology has determined such a review is required of the City by July, 2010, for incorporation into the City's NPDES Permit cycle beginning June 30, 2011. (Continued on page 2) Resolution X Ordinance _ Contract _ Other (Specify) Funding Source: 473 Pretreatment Professional Services APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council adopt the enclosed resolution authorizing and directing the City Manager to execute an agreement between the City of Yakima and CWA Consulting Services, LLC for evaluation of local limits. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Page 2 To comply with State and Federal rules and regulations, it is the desire of wastewater staff to enter into an agreement with CWA Consulting Services, LLC, for a Washington State approved local limit evaluation including local limit updates to Chapter 7.65 Sewer Use and Pretreatment Regulations of the Yakima Municipal Code. The purpose of this Agreement is to define the scope of services contracted between the City and CWA Consulting Services. Funding for the Local Limit Development to be directed from Fund 473 Pretreatment Professional Services and not to exceed $12,000. (See attached Agreement)