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Home My WebLink AboutR-2024-198 Resolution authorizing an Interlocal Agreement with the City of Union Gap for stormwater laboratory services RESOLUTION NO. R-2024-198 A RESOLUTION authorizing an Interlocal Agreement between the City of Yakima and the City of Union Gap for Stormwater Laboratory Services. WHEREAS, the City of Yakima and the City of Union Gap 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 cities to sample selected water bodies in the Mid- Yakima River Basin six times per year for E. Coli bacteria; and WHEREAS, the City of Yakima 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 City of Union Gap desires to utilize the City of Yakima's laboratory services to conduct E. Coli testing on stream samples collected by the City of Union Gap from the Mid-Yakima River Basin with compensation from the City of Union Gap to the City of Yakima as established in Yakima Municipal Code 7.60.105 E.(2); and WHEREAS, the Yakima 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 the City of Union Gap 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 the City of Union Gap 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 the City of Union Gap for Laboratory Services. ADOPTED BY THE CITY COUNCIL this 4th day of November, 2024. / A ►ur�iA�� Patricia Byev�, Mayor ATTEST: y° I j�* SEAL. ill Rosalinda Ibarra, City Clerk INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND CITY OF UNION GAP FOR LABORATORY SERVICES THIS AGREEMENT is entered into between the City of Yakima (hereinafter the"City"), whose address is 129 North 2' Street, Yakima, Washington 98901 and City of Union Gap, Washington through its Public Works Department, whose address is 102 West Ahtanum Road, Union Gap, Washington 98903, pursuant to RCW 39.34. WHEREAS, the City and the City of Union Gap 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 the City of Union Gap to sample selected water bodies in the Mid-Yakima River Basin six times per year for E. Coli; and, WHEREAS, the City of Union Gap 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 City of Union Gap 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 City of Union Gap 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 City of Union Gap, 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 City of Union Gap, 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 City of Union Gap will: Page 1 of 5 a) In accordance with Standard Methods, collect and deliver to the City's Wastewater Laboratory samples of the City of Union Gap 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 Page 2 of 5 the E. Coli density. For each sample, dilutions will be set 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 City of Yakima. 4. Administration. This Agreement shall be administered by the City's Wastewater Division Manager and the City of Union Gap Public Works Department. 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and the City of Union Gap. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the City of Union Gap 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. Intearation. 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 Page 3 of 5 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 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 CITY OF UNION GAP: Jason Cavanaugh, Public Works Director 102 West Ahtanum Road Union Gap, WA 98903 14. Governing 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 Union Gap Page 4 of 5 CITY F AKIMA City of Union Gap Vicki Baker, City Manager ,,��` Sharon Bounds, City Manager - \k MA \N ..1''--l?'. .... . 1 _..., , J AA ATT T: Rosalinda Ibarr SI` ••. -0*". •o?i Lyn a 'sooner City Clerk 'k‘►\ gSH...... C. Clerk CITY CONTRACT NO RESOLUTION NO Page 5of5 corpy CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 24-85 A RESOLUTION authorizing the City Manager to sign an Interlocal Agreement between City of Yakima and City of Union Gap for laboratory services. WHEREAS,the City of Union Gap is required to comply with the State of Washington's Eastern Washington Phase II Municipal Stormwater General Permit, hereinafter referred to as the "Permit";and WHEREAS, the City of Union Gap is required by the Permit to enhance its Illicit Discharge Detection and Elimination(IDDE)program; and WHEREAS,the enhancement of the IDDE requires collection of samples along selected water bodies in the Mid Yakima River Basin to investigate the City of Union Gap's MS4 outfall's for illicit discharges contributing to E. coli to waters of the state; and WHEREAS,the City of Yakima is a State Certified Laboratory for conducting such E. Coli testing in accordance with the Department of Ecology; and WHEREAS, the City of Union Gap desires to utilize the City of Yakima's laboratory services to conduct E. Coli testing; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP, WASHINGTON,HEREBY RESOLVES as follows: The City Manager is authorized to sign an Interlocal Agreement between City of Yakima and the City of Union Gap. PASSED this 23`1 day of September, 2024. ohn Hodkinson,Mayor ATTEST: # cork J si a Foltz, C' Attorn y i4 + _44iiiilli i,i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.F. For Meeting of: November 4, 2024 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Union Gap 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 the City of Union Gap (Union Gap) 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. Union Gap 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 Union Gap samples. The City of Yakima owns and operates a State Certified Laboratory at the Yakima Regional Wastewater Treatment Facility that has the ability to conduct such E. Coli testing in accordance with the Department of Ecology. The attached Interlocal Agreement makes the City's Wastewater Treatment Plant laboratory bacterial testing services available to Union Gap with compensation from Union Gap to the City as set forth in the Yakima Municipal Code. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution UG Stormwater Services 10-25-24.docx Inter-Local Agreement.pdf 38