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Home My WebLink About06/20/2023 06.H. Resolution amending the interlocal agreement with Yakima County to adopt the 2023 Yakima County Solid and Hazardous Waste Management Plan 1 sAirF`Y�'�11�14''+ I,C: .r',, Id/ \III ',i'LL�=1 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: June 20, 2023 ITEM TITLE: Resolution amending the interlocal agreement with Yakima County to adopt the 2023 Yakima County Solid and Hazardous Waste Management Plan SUBMITTED BY: Scott Schafer, Public Works Director- 576-6411 * Trace Bradburn, Solid Waste and Recycling Manager- 509-571- 4400 SUMMARY EXPLANATION: The City of Yakima (City) desires to amend the I nterlocal Agreement (ILA)with Yakima County to adopt the 2023 Yakima County Solid and Hazardous Waste Management Plan (Plan). Pursuant to the provisions of RCW Chapter 70A.205 and RCW Chapter 70.105, Yakima County is required to prepare and update the Solid Waste Management Plan and provide a local Hazardous Risk Waste Management Plan. The Plan has been updated to conform to changes in the State and Federal requirements and to include recommended management strategies for solid and hazardous waste for the period 2023 through 2029. In addition, the Plan also looked forward to ensure that sufficient processing and disposal capacity will be available for at least the next twenty year. Upon review of the Plan, the City determined that additional terms and conditions were necessary. Yakima County Solid Waste Advisory Committe has recommended adoption of the 2023 Yakima County Solid Waste Management Plan. The amendment to the ILA with Yakima County has been enclosed for City Council review. A copy of the 2023 Yakima County Solid and Hazardous Waste Management Plan is available online at: https://www.yakimawa.gov/services/refuse/files/2023/06/2023-Yakima-County-Solid-Waste-and- Hazardous-Waste-Management-Plan.pdf ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type Resolution-amend ILA with Yakima County-Solid 6/12/2023 Resolution Waste D Solid Waste Interlocal Agreement 6/5/2023 Contract 3 RESOLUTION NO. R-2023 A RESOLUTION amending the Interlocal Agreement with Yakima County to adopt the 2023 Yakima County Solid and Hazardous Waste Management Plan. WHEREAS, pursuant to the provisions of RCW Chapter 70A.205 and RCW Chapter 70.105, Yakima County is required to prepare and update the Solid Waste Management Plan and provide a local Moderate Risk Waste Management Plan; and, WHEREAS, incorporated Cities and Towns in Yakima County have designated Yakima County to develop a Solid Waste Management Plan for integrated solid waste management pursuant to an Interlocal Agreement for Solid Waste Management; and, WHEREAS, upon review the City determined that additional terms and conditions were necessary; and, WHEREAS, the Yakima County Solid Waste Advisory Committee recommends adoption of the 2023 Solid and Moderate Risk Waste Management Plan, and, WHEREAS, the Washington State Department of Ecology reviewed the draft Solid and Moderate Risk Waste Management Plan and provided comments and funding for its implementation has been approved by the Washington Utilities and Transportation; and, WHEREAS, the adopted Solid and Moderate Risk Waste Management Plan will be submitted to the Washington State Department of Ecology for final approval; and, WHEREAS, the Yakima City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to adopt the 2023 Yakima County Solid and Hazardous Waste Management; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the amendment to the Interlocal Agreement with Yakima County to adopt the 2023 Yakima County Solid and Hazardous Waste Management Plan, and addendum thereto, attached hereto and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this 20th day of June, 2023. Janice Deccio, Mayor ATTEST: Rosalinda Ibarra, City Clerk 4 ADDENDUM TO THE SOLID WASTE INTERLOCAL AGREEMENT THIS ADDENDUM TO THE SOLID WASTE INTERLOCAL AGREEMENT is made and entered into by and between YAKIMA COUNTY, a Washington municipal corporation ("County") and THE CITY OF YAKIMA, a Washington municipal corporation ("City"). WHEREAS, the City and County, along with other jurisdictions within Yakima County, have been negotiating an updated Solid Waste Interlocal Agreement and Solid Waste and Hazardous Waste Management Plan, through the Solid Waste Advisory Council, on which the City has a seat; and WHEREAS, a Solid Waste Interlocal Agreement has been approved by nearly all jurisdictions, but does not include language deemed necessary by the City; and WHEREAS, the City and County have continued discussions as to the Solid Waste Interlocal Agreement and agree that in addition to the Solid Waste Interlocal Agreement, between the City and the County is appropriate; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and County as follows: Section 1: It is acknowledged by the County that the City also contracts with entities authorized by state law, or collection companies operating under the authority and regulation of the Washington State Utilities and Transportation Commission, and that each of those entities shall be responsible for solid waste collection within the City's corporate limits. Section 2: The City and the County agree as follows: 1. The County agrees to release, indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages and expenses related to all claims, suits arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with the Solid Waste Interlocal Agreement or the acts, failures to act, errors or omissions of the County, or any of Contractor's agents or subcontractors, in performance of the Solid Waste Interlocal Agreement, except for claims caused by the City sole negligence. 2. The City agrees to release, indemnify, defend and hold the County, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from any and all liabilities, losses, damages and expenses related to all claims, suits arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection the performance of this Solid Waste Interlocal Agreement, to the extent solely caused by the negligent acts, errors, or omissions of the City. 5 Section 3: The respective powers and duties of the City and County shall be exercised individually by each entity. No joint County-City agency is formed under this Agreement. Section 4: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Amendment is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this Amendment. DATED this day of , 2023. CITY OF YAKIMA YAKIMA COUNTY Robert Harrison, City Manager Amanda McKinney, County Commissioner ATTEST: Kyle Curtis, County Commissioner Rosalinda Ibarra, City Clerk LaDon Linde, County Commissioner Attest. Julie Lawrence, Clerk of the Board or Erin Franklin, Deputy Clerk of the Board Approved as to Form: Deputy Prosecuting Attorney