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HomeMy WebLinkAbout09/03/2024 07.E. Resolution authorizing an Interlocal Agreement with Yakima County for stormwater laboratory services 1.141 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: September 3, 2024 ITEM TITLE: Resolution authorizing an Interlocal Agreement with Yakima County for stormwater laboratory services SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager SUMMARY EXPLANATION: The City of Yakima (City) and Yakima County each operate stormwater programs under the Department of Ecology Eastern Washington Phase II Municipal Stormwater Permit. The permit requires that each permittee perform E. Coli testing on samples collected from selected streams in the Mid-Yakima River basin at a frequency of six times per year. Yakima County found that no local commercial laboratories could provide the required testing services and consequently requested permission to utilize the City Wastewater Treatment Plant laboratory services to perform the required testing on the Yakima County samples. The attached Interlocal Agreement makes the City's Wastewater Treatment Plant laboratory bacteria testing services available to Yakima County with compensation from Yakima County to the City as set in the Yakima Municipal Code. The annual compensation to the City for the laboratory services described in the Agreement is estimated at $46,981.44. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution.docx Inter-Local Agreement.pdf 24 RESOLUTION NO. R-2024- A RESOLUTION authorizing an interlocal agreement between the City of Yakima and Yakima County for stormwater laboratory services WHEREAS, the City and County are subject to the surface water sampling and analysis requirements of the Department of Ecology Eastern Washington Phase II Municipal Stormwater Permit; and WHEREAS, the Permit requires both the City and the County to sample selected water bodies in the Mid-Yakima River Basin six times per year for E. Coli bacteria; and WHEREAS, the City owns and operates a State Certified Laboratory at the Yakima Regional Wastewater Treatment Facility for conducting such E. Coli testing in accordance with the Department of Ecology; and WHEREAS, the County desires to utilize the City's laboratory services to conduct E. Coli testing on stream samples collected by the County from the Mid-Yakima River Basin with compensation from the County to the City as established in Yakima Municipal Code 7.60.105 E.(2); and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to enter into an interlocal agreement with Yakima County to provide the laboratory services outlined in the agreement; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Interlocal Agreement Between the City of Yakima and Yakima County for Laboratory Services is hereby authorized, and the City Manager of the City of Yakima is directed to execute the attached Interlocal Agreement between the City of Yakima and Yakima County for Laboratory Services. ADOPTED BY THE CITY COUNCIL this 3rd day of September, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 25 Docusign Envelope ID:25E5CD84-B88D-4F59-8F5C-99C2EECC4DC9 INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY FOR LABORATORY SERVICES THIS AGREEMENT is entered into between the City of Yakima (hereinafter the "City"), whose address is 129 North 2"d Street, Yakima, Washington 98901 and Yakima County, Washington (hereinafter the "County") through its Public Services Department, whose address is 128 North 2nd Street, 4th Floor Courthouse, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the City and County both have the Eastern Washington Phase II Municipal Stormwater Permit, and wish to ascertain the most cost beneficial course of action for the Parties in order to provide the best value to its citizens concerning Permit activities; and, WHEREAS,the Permit requires both the City and County to sample selected water bodies in the Mid-Yakima River Basin six times per year for E. Coli; and, WHEREAS, the County desires to utilize the City's laboratory services to conduct E. Coli testing on stream flows from the Mid-Yakima River Basin; and, WHEREAS, the E. Coli testing will be utilized to identify bacteria levels in the stream flows; and. WHEREAS, the County desires the City to perform such E. Coli testing in accordance with Standard Method 9223 B. Colilert 24®QTray Procedure; using the Most Probable Number (MPN) to calculate the estimation of the E. Coli density; and, WHEREAS, the City, having a State Certified Laboratory for conducting such E. Coli testing in accordance with the Department of Ecology; and, WHEREAS, testing of stream flows will enable the City and County to target areas of high bacterial pollution for additional cleaning or education and outreach opportunities; NOW,THEREFORE, IT IS HEREBY AGREED as follows 1. Purpose. The purpose of this Agreement is to define the scope of services contracted between the City and the County, set forth the compensation paid for such services and enumerated other related provisions that contribute to the mutual benefit of the parties to this Agreement. 2. Duration of Agreement. This Agreement shall become effective on the date of signing by the City and the County, and shall continue until July 31, 2029 or terminated by either party in accordance with Section 11 of this Agreement. 3. Obligations of the Parties. A. The County will: Page 1 of 5 26 Docusign Envelope ID:25E5CD84-B88D-4F59-8F5C-99C2EECC4DC9 a) In accordance with Standard Methods, collect and deliver to the City's Wastewater Laboratory samples of the County's streams, drains and canals to be tested for E. Coli; not to exceed a total of sixteen (16) samples bi- monthly. 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 • Name(s) and signature (s) of individual (s) collecting and delivering the samples to the lab. • Time delivered to the lab c) Provide the City with one weeks' notice prior to each of the bi-monthly sampling events. d) Deliver samples to the City's Wastewater Laboratory no later than 1:30 pm Monday through Friday. e) Provide up to sixteen (16) water samples bi-monthly for a period of sixty (60) months for a total of 480 samples. f) Be assessed the current Fecal Coliform rate on record (currently $88.98) in accordance with 7.60.105 E. (2) of the City of Yakima's Municipal Code for Laboratory Testing Fees, except as follows: i. No more than sixteen(16) samples may be delivered bi-monthly. ii. There will be a ten percent (10%) administrative fee added to the total amount when invoiced. g) Reimburse the City for lab services provided by the City when billed with invoices from the City. B. The City will: a) Sterilize City-provided sample containers prior to bi-monthly sample dates 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 • Name and signature of individual receiving the samples into the lab. c) Ensure the testing of all samples is performed in accordance with Standard Method 9223 B. Colilert 24® QTray Procedure; using MPN to calculate the estimation of the E. Coli density. For each sample, dilutions will be set Page 2 of 5 27 Docusign Envelope ID:25E5CD84-B88D-4F59-8F5C-99C2EECC4DC9 up, as necessary, to ensure results fall within a lower detection limit of 1 MPN/100 ml and an upper detection limit of 2419.6 MPN/100 ml. d) Ensure the name(s) and signature(s) of all individual(s) performing the E. Coli testing and MPN calculations are included with the results on the appropriate benchsheet. e) Submit results with the billed invoices to the County for laboratory services rendered by the City. C. This Interlocal Agreement shall be in full force and effect when executed by the City and the County. 4. Administration. This Agreement shall be administered by the City's Wastewater Division Manager and the County's Public Services Surface Water Management Division. 5. 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. 6. Indemnification and Hold Harmless. a. 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. b. The provisions of this Section shall survive the termination or expiration of this Agreement. c. Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party. 7. 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. 8. 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. 9. Nondiscrimination. The Contractor agrees that it shall not discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation. 10. Severability. a. 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. b. If any provision of this Agreement is in direct conflict with any statutory provision 28 Docusign Envelope ID:25E5CD84-B88D-4F59-8F5C-99C2EECC4DC9 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. 11. 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. 12. 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. 13. 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. 14. 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 OF YAKIMA: Vicki Baker, City Manager 129 North Second Street Yakima, WA 98901 COPY TO CITY OF YAKIMA Scott Schafer, Public Works Director 2301 Fruitvale Blvd. Yakima, WA 98902 TO YAKIMA COUNTY: Lisa Freund, Public Services Director 128 North Second Street Yakima, WA 98901 14. Govemina Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall lie in a court of competent jurisdiction in Yakima County. 15. 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. 16. 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. Page 4 of 5 29 Docusign Envelope ID:25E5CD84-B88D-4F59-8F5C-99C2EECC4DC9 CITY OF YAKIMA BOARD OF YAKIMA BOCC Agreement COUNTY COMMISSIONERS 2 9 5 _ 2 0 2 4 Vicki Baker, City Manager Agreement Number Yakima County, WA ATTEST: Rosalinda Ibarra Amanda McKinney, Chair City Clerk /vim" Kyle Curtis, Commissioner (ANA, UtAA LaDon Linde, Commissioner _ DATED: AUG 0 6 2024 t 'y o Attest: * s Julie Lawrence, Clerk of the Board or Erin Franklin, Deputy Clerk of the Board Approved as to Form: e DePu Prosecuting ! y Page 5 of 5 30