HomeMy WebLinkAbout10/06/2009 13 Low Impact Development Manual and Demonstration Project Agreement with Yakima County a
® _ BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * 13
For Meeting of: October 6, 2009
ITEM TITLE: Consideration of Resolution Authorizing Execution of an Interlocal
Agreement with Yakima County for Development of a Low Impact
Development Manual and Demonstration Project and authorization for the
City Manager to sign other documents pertaining to the project:
SUBMITTED BY: Scott Schafer, Wastewater Division Manager
Randy Meloy, Stormwater Engineer
CONTACT PERSON /TELEPHONE: Randy Meloy, 576 -6606
SU MMARY EXPLANATION:
In October 2008 Yakima County Public Services, with input from the City of Yakima, applied for
a grant from the Department of Ecology's FY2010 Water Quality "Financial Assistance Program
in the amount of $301,900. The purpose of the grant is to produce a Low Impact Development
manual for the City of Yakima and Yakima County as well as to construct a demonstration
• project on J Street in the City of Yakima that will feature three different permeable pavements.
Ecology has informed Yakima County the grant application has been approved. Negotiations
are currently underway between Ecology and Yakima County on the final Grant Agreement
document.
This grant has a 25% match requirement. Yakima County and the City of Yakima Stormwater
Utility will each cover $37,737 plus any construction cost overruns while Ecology will provide the
remaining $226,425. The manual and demonstration project will both be completed in 2010.
Testing of stormwater runoff from the demonstration project will continue for five years after ,
construction.
Resolution X Ordinances Other (Specify) Grant Document
Contract X Mail to (name and address): Department of Ecology
Phone:
Funding Source: Revenue shall be credited to Stormwater Utility Fund 441
APPROVED FOR SUBMITTAL: \, '-f-, '\ City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
RESOLUTION NO. R- 2009
A RESOLUTION authorizing the City Manager to enter into an Interlocal Agreement with
Yakima County for development of a Low Impact Development Manual
and Demonstration Project and to sign other documents pertaining to the
project.
WHEREAS, the City and County have enjoyed a strong and effective partnership and
cooperation through the Regional Stormwater Policy Group; and,
WHEREAS, the County applied for Washington State Department of Ecology FY2010
Water Quality Financial Assistance funds to create a regional Low Impact Development (LID)
technical guidance manual and LID demonstration project; and
WHEREAS, the City has supported this grant proposal, provided a City -owned site for
the demonstration project, and has committed to provide a proportionate share of the local
match required; and
WHEREAS, the County was awarded a total eligible grant amount of $301,900, of
which 75% ($226,400) is paid by Ecology and the remainder must be locally matched and
equally divided between the City and County; and
WHEREAS, this Agreement is entered into by and between the Parties pursuant to
Chapter 39.34 of the Revised Code of Washington, which provides for inter -local cooperation
for the public good; and,
WHEREAS, a low impact development manual will provide much needed guidance for
municipal and private entities endeavoring to use a stormwater management strategy that will
lead to less pollution of our local water bodies; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "INTERLOCAL AGREEMENT FOR DEVELOPMENT OF A LOW IMPACT
DEVELOPMENT MANUAL AND DEMONSTRATION PROJECT" between the City of Yakima
and Yakima County and to sign other documents pertaining to the project
ADOPTED BY THE CITY COUNCIL this 6th day of October 2009.
David Edier, Mayor
ATTEST:
City Clerk
•
1111 INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA
AND YAKIMA COUNTY FOR DEVELOPMENT OF A LOW IMPACT
DEVELOPMENT MANUAL AND DEMONSTRATION PROJECT
THIS AGREEMENT is entered into between Yakima County, a municipal corporation of
the State of Washington, hereinafter referred to as the "County", and the City of Yakima,
hereinafter referred to as "Yakima" or the "City"; and,
WHEREAS, the County and City have enjoyed a strong and effective partnership and
cooperation through the Regional Stormwater Policy Group; and,
WHEREAS, the County applied for Washington State Department of Ecology ( "Ecology ")
FY2010 Water Quality Financial Assistance funds to create a regional Low Impact Development
(LID) technical guidance manual and LID demonstration project and,
WHEREAS, the City has supported, this grant proposal, provided a City -owned site for
the demonstration project and has committed to provide a proportionate share . of the local
match required; and,
WHEREAS, the County was awarded a total eligible grant amount of $301,900, of which
75% ($226,400) is paid by Ecology and the remainder must be locally matched and equally
divided between the City and County; and,
0 WHEREAS, This Agreement is entered into by and between the Parties pursuant to
Chapter 39.34 of the Revised Code of Washington, which provides for inter -local cooperation for
the public good;
NOW, THEREFORE, in consideration of the covenants and agreements contained
herein and performed by the parties hereto, it is agreed as follows:
1. Purpose. The purpose of this Agreement is to define the responsibilities and
cooperation between the City and County ( "Parties") related to execution of the Centennial
Clean Water Program Funding Agreement ( "Funding. Agreement") between the State of
Washington Department of Ecology and Yakima County for the Yakima LID Manual and
Demonstration Project, and enumerate other related provisions that contribute to the mutual
benefit of the parties to this Agreement. A draft Funding Agreement is attached as Exhibit "A"
and is referred to as such in this agreement
2. Duration of Agreement. This Agreement shall become effective when:
• The Funding Agreement is signed by both the County and Ecology; and,
• This ILA is signed by the City and the County.
This Agreement shall continue until completion of all tasks described in the Funding
Agreement, or terminated by either party in accordance with Section 16 of this Agreement.
3. Grant Administration and Cost Sharing.
ID The grant must be administered by Yakima County as the grant recipient. Yakima County
Public Services Accounting ( "Accounting") shall ensure maintenance of project records;
Page 1 of 8
Interlocal Agreement between the City of
Yakima and Yakima County — LID Project
submittal of payment vouchers, fiscal forms and progress reports; compliance with applicable
II)
procurement and interlocal agreement requirements and shall submit all invoice requests and
supportive documentation to the Financial Manager of Ecology. Accounting will ensure that
grant match is computed based on grant administration guidelines and that all grant - eligible
costs incurred by the Parties are shared equally and transparently.
Expenses incurred by either party may include, but are not limited to, consultants, contractors,
staff time, supplies or equipment. Both parties will submit expenses and supporting
documentation to Accounting.. Expenses submitted by both parties for personal salary,
equipment and vehicle expenses shall be direct hourly expenses plus indirect expenses, but will
not include additional overhead expenses. Accounting shall determine grant eligibility. Non-
eligible items will be retumed to the source. Accounting shall submit 100% of each grant
eligible invoice or expense to Ecology monthly. Ecology, upon acceptance, will return 75% of
the invoice amount, which will then be retumed to the County as the grant recipient. The
County will pay the City for their services outlined in this ILA at 75% grant eligible and 12.5%
required County match. The remaining 25% of expense shall be divided equally between the
City and County. If the expense is a County expense, then the County will invoice 12.5% of the
expense to the City.
Accounting shall track the amount of match for each Party after every billing and reconcile any
difference with an invoice or check to the City.
A detailed statement showing all transactions shall accompany any invoice to the City, as well
as a detailed statement shall accompany any invoice by the City.
411
Supporting documentation for expenses submitted for payment from the Parties shall require
verification signed by an employee designated by that Party as the technical specialist and
having knowledge that the work was actually performed. Supporting documentation shall
include verification that the work was performed according to the task definitions in the scope of
work and "Funding Agreement" with Ecology.
Each party shall contain cost to those estimated in the Funding Agreement, except under Task
4, where costs are uncertain until bids are received from responsive contractors. Parties must
mutually agree, in writing, to any costs that may exceed estimated task costs contained the
Funding Agreement before commitment for expenditures. In the case of Task 4, expenses may
exceed 50% ($63,850) beyond the Funding Agreement amount before mutual agreement, in
writing is required. Expenses in excess of Funding Agreement task costs incurred by one Party
without prior written agreement of the other shall be the sole responsibility of the incurring Party.
4. Obligations of the Parties. The lead Party for each of the tasks identified in the
"Funding Agreement" is as follows:
Task Title Lead
1 Project Administration/Management Yakima County
2 Consultant Selection for LID Manual • Yakima County
3 Regional Low Impact Development Guidance Yakima County
Manual
Page 2 of 8
Interlocal Agreement between the City of
Yakima and Yakima County — LID Project
lip 4 Design & Construct LID Demonstration Project City of Yakima
5 Monitor LID Demonstration BMP Performance Yakima County
6 Analyze Data and Prepare Report documentation Yakima County
7 Public Awareness Yakima County
The City of Yakima shall provide assistance to the County for the following:
• Task 2 - Provide staff to serve on the selection committee;
• Task 3 - Provide review of LID Manual drafts and other intermediate products;
• Task 5 - Provide weather data, staff and equipment (water truck) for artificial storm
events; analyze samples, provide laboratory quality assurance data; review
Quality Assurance Project Plan, and other coordination required to execute Task
5. Maintain project site in accordance with manufacturer recommendations.
• Task 6 - Review draft reports.
• Task 7 - Cooperatively plan public outreach efforts. Identify requirements, review
and coordinate design and placement of Public Information signs or other public
outreach efforts.
The County shall provide assistance to the City for the following:
• Task 4 - Review designs, plans and assist with construction inspection.
For Task 5, the County shall:
a) In accordance with Standard Methods, collect and deliver to the City's
Wastewater Laboratory discharge samples from the LID Demonstration Project
to be tested for biochemical oxygen demand, total suspended solids, total
petroleum hydrocarbons, fecal coliforms, copper, lead and zinc; a total of twenty-
four (24) samples per event; three (3) events per year.
b) Ensure all samples are accompanied with the proper Chain -of- Custody forms.
Information to include:
• Date of request
• Date of sample
• Sample identification
• Type of preservation used (if any)
• Test requested
Page 3 of 8
Interlocal Agreement between the City of
Yakima and Yakima County — LID Project
• Names s) and signature(s) of individuals(s) collecting and delivering ID
( 9 9 the
samples to the lab; and
• Time delivered to the lab.
c) Provide the City with a schedule of sampling events to be conducted on the LID
Demonstration Project prior to the commencing of such sampling events. The
sampling event must accommodate the Lab's schedule and may need to be
rescheduled as a result in an attempt to prevent overtime expenses.
d) Deliver samples to the City's Wastewater Laboratory no later than 1:00 p.m. on
either Monday or Tuesday of the week of the sampling event
e) Provide up to twenty four (24) water samples per event for three (3) events per
year for a total of 72 samples per year.
f) Be assessed the current rate on record in accordance with 7.60.105 E. (2) of the
City of Yakima's Municipal Code for Laboratory Testing Fees as well as any
applicable Lab staff overtime expenses.
g) No more than twenty four (24) samples may be delivered per testing event.
h) Reimburse the City for lab services provided by the City when billed with invoices
from the City.
i) Provide the City with copies of the County's submitted invoices to the State.
For Task 5, the City shall:
a) Provide sample containers prior to sampling event and provide Chain -of- Custody
forms.
b) Ensure all samples received from the County are accompanied with the proper
Chain -of- Custody forms and will provide the following:
• Time samples arrived;
• Conditions of samples /observations; and,
• Name and signature of individual receiving the samples into the lab.
c) Ensure testing of all samples is performed in accordance with Standard Methods.
d) Ensure the names(s) and signatures(s) of all individuals(s) performing the testing
are included with the results on the appropriate bench sheet
e) Submit results with the billed invoices to the County for laboratory services
rendered by the City.
O
Page 4 of 8
interlocal Agreement between the City of
Yakima and Yakima County — LID Project
. 5. Administration. This Agreement shall be administered by the City's Wastewater
Division Manager and the County's Public Services Surface Water Management Division,
consistent with Section 3 above and the provisions of this Agreement.
6. No Third Party Rights. This Agreement is entered into for the sole benefit of the City
and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No
person or entity other than the City and the County may rely upon or enforce any provision of
this Agreement.
7. Insurance. Each Party shall obtain and maintain in full force and effect for the term of
this agreement, at its own expense, comprehensive general liability and automobile insurance
policies for bodily injury, to include death and property damage, including coverage for owned,
hired or non -owned vehicles, as applicable, for the protection of the Party, its elected and
appointed officials, officers, agents, employees and volunteers. The policies shall be primary
policies, issued by a company authorized to do business in the State of Washington, or in City
or County Risk Pool and providing single limit general liability coverage of $2,000,000 and
separate automobile coverage of $1,000,000 or the limit of liability contained in State law,
whichever is greater. If either Party is unable to obtain insurance as required by this paragraph,
the Parties shall cooperate on amending this Section to require types and levels of insurance
that are available. The certificates shall provide that the other Parties shall receive thirty (30)
days written notice of cancellation or material modification of the insurance contract at the
address listed below. Each Party shall provide certificates of insurance to the other Parties prior
to the performance of any obligation under this Agreement. If requested, complete copies of
® insurance policies shall be provided to the other Parties. Each Party shall be financially
responsible for their own deductibles, self - insurance retentions, self- insurance or uninsured
risks i
8. Dispute Resolution. In the event of a dispute between the Parties regarding their
respective rights and obligations pursuant to this Agreement, the disputing Parties shall first .
attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the
exclusive dispute resolution process to be utilized by the Parties shall be as follows:
Step 1. Upon failure of those individuals designated by each Party to negotiate on its
behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in
writing and submitted to City's CEO and the County Public Services Director, who shall meet
and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a
written determination of such resolution, signed by City's CEO and the County Public Services
Director, which determination shall be binding on the parties. Resolution of an issue at this step
requires concurrence of both parties' representative. If not resolved in thirty (30) days, this
issue may be taken to Step 2.
Step 2. Upon failure of the City's CEO and the County Public Services Director to
negotiate on its behalf to reach an agreement or resolve a dispute as provided in Step 1, the
nature of the dispute shall be put in writing and submitted to the respective officials of the
RSPG, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at
this step, there shall be a written determination of such resolution, signed by City's CEO and the
County Public Services . Director, which determination shall be binding on the parties.
Resolution of an issue at this step requires concurrence of both parties' representatives. If not
resolved in thirty (30) days, this issue may be taken to Step 3.
0
Page5of8
Interlocal Agreement between the City of
Yakima and Yakima County — LID Project
Step 3. In the event a dispute cannot be resolved at Step 2, the Parties shall submit the
matter to mediation. The Parties shall attempt to agree on a mediator. In the event they cannot
agree, the Parties shall request a list of five (5) mediators for the American Arbitration
Association, or such other entity or firm providing mediation services to which the Parties may
further agree. Unless the disputing Parties can mutually agree to one mediator from the list
provided, each Party shall strike a name in turn, until only one name remains. The order of
striking names shall be determined by lot. Any common costs of mediation shall be borne
equally by the disputing Parties, who shall each bear their own costs thereof. If the issue is
resolved at this step, a written determination of such resolution shall be signed by both Parties.
Resolution of an issue at this step requires concurrence by both Parties.
Step 4. If any dispute is not settled in Step 3, either Party may request binding
arbitration. The Parties shall agree, within ten (10) days, on an arbitrator who shall be an
attorney licensed to practice law in Washington (or a retired attorney) or a retired Washington
judge, to resolve the dispute. If they are unable to agree on an arbitrator within ten (10) days,
then each Party shall appoint an arbitrator. The two arbitrators shall choose a third. If the
choice of the second or third arbitrator is not made within ten (10) days of the choosing of the
prior arbitrator, then either Party may apply to the presiding judge of the judicial district of
Yakima County to appoint the required arbitrator. The arbitrator(s) shall proceed according to
the Washington statutes goveming arbitration and the award of the arbitrator(s) shall have the
effect therein provided. The arbitration shall take place in Yakima County. Costs of a single or
any third arbitrator shall be shared equally by the Parties. Each Party shall pay their own
arbitrator. The arbitrators may allow discovery, as provided by Washington law and may grant
any remedy or relief which the arbitrator(s) deem just and equitable and within the scope of the
agreement of the Parties, including, but not limited to, specific performance of any obligation
created under the agreement, any interim or provisional relief that is necessary to protect the
rights or property of the Parties, or imposition of sanctions for abuse or frustrations of the
arbitration process.
Parties may mutually agree in writing to waive any of the above steps, or to enter into
altemate processes or additional processes.
9. Indemnification and Hold Harmless. Each party hereto agrees to be responsible and
assume liability in the performance of this Agreement for its own wrongful and /or negligent acts
or omissions and those of its officers, agents or employees to the fullest extent allowed by law.
The provisions of this Section shall survive the termination or expiration of this Agreement.
Nothing contained in this Section or this Agreement shall create a liability or a right of
indemnification in any third party.
10. Non - Discrimination. During the performance of this Agreement, the Parties 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.
Page6of8
Interlocal Agreement between the City of
Yakima and Yakima County— LID Project
11. Attorney Fees. In the event any Party shall institute arbitration as set forth in this
Agreement (or any other dispute resolution proceeding) against any other Party to this
Agreement, in any way arising out of, connected with or relating to this Agreement, the
prevailing Party in that arbitration (or any other dispute resolution proceeding) shall be entitled
to recover, in addition to all other appropriate relief, the prevailing Party's costs and reasonable
attorney fees incurred in that arbitration (or any other dispute resolution proceeding), said
amount to be set by the arbitrator (or courts) before which the matter is tried, heard or decided.
12. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties: No other understandings, oral or otherwise, regarding the subject matter of this
Agreement, are deemed to exist or to bind either of the parties.
13. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
14. Severability: If a court of competent jurisdiction holds any part, term or provision of this
Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not
be affected, and the parties' rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held invalid.
If any provision of this Agreement is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and void
insofar as it may conflict, and shall be deemed modified to conform to such statutory provision.
0
15. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either party
from enforcing such provision.
16. Termination. The parties may terminate this Agreement, with or without cause, by
written notice from either party to the other party thirty (30) days in advance of the termination.
In the event of termination, the amount of compensation shall be for services rendered through
the termination date.
17. Survival. Any provision of this Agreement which imposes an obligation after expiration
or termination of this Agreement shall survive the expiration or termination and shall bind the
parties.
18. Notices. Unless otherwise stated herein, all notices and demands are . required in
written form and sent to the parties at their addresses as follows:
TO CITY: R. A. Zais, Jr., City Manager
City of Yakima
129 North Second Street
Yakima, WA . 98901
TO COUNTY: Vem M. Redifer, PE
Yakima County
Public Services Director
II 128 North Second Street
Yakima, WA 98901
Page7of8
Interlocal Agreement between the City of
Yakima and Yakima County - LID Project
19. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
20. Compliance with Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of
this Agreement.
21. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor pursuant
to RCW 39.34.040 and with the City Clerk of Yakima.
CITY OF YAKIMA BOARD OF YAKIMA COUNTY
COMMISSIONERS
R.A. Zais, Jr., City Manager J. Rand Elliott, Chairman
Dated Dated
ATTEST: Michael D. Leita, Commissioner
Deborah Kloster, City Clerk Dated
Kevin J. Bouchey, Commissioner
Constituting the Board of County
Commissioners for Yakima County,
Washington
Dated
Attest:
Christina S. Steiner, Clerk of the Board
Approved as to Form:
Deputy Prosecuting Attorney
O
Page8of8
lnterlocal Agreement between the City of
Yakima and Yakima County — LID Project