Loading...
HomeMy WebLinkAboutR-2016-130 Wastewater Services Agreement with the Town of Harrah RESOLUTION NO. R- 2016 -130 A RESOLUTION authorizing and directing the City Manager to execute an Interlocal Agreement between the City of Yakima and the Town of Harrah for Wastewater Services conducted by the City of Yakima's Wastewater Division. WHEREAS, the City of Yakima (City) and the Town of Harrah (Harrah) provide sanitary sewer services to their respective communities, and WHEREAS, smaller communities such as Harrah find it financially challenging to fund and maintain all of the necessary equipment needed to maintain a sanitary sewer system and conduct all of the required activities in meeting permit compliance, and WHEREAS, the City, a bordering metropolitan area, has the means to provide assistance to smaller adjacent communities for maintaining sanitary sewer systems and other wastewater services for both planned projects and emergency responses; and WHEREAS, the City has assisted Harrah in the past by providing assistance with such requested wastewater services; and WHEREAS, providing such requested services is recognized as being beneficial to the smaller communities in meeting their ability to serve their citizens and protect water quality and health, while meeting permit requirements. 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 "Interlocal Agreement for Wastewater Services" with the Town of Harrah. The funds received for such services are to be directed to the City of Yakima's Wastewater Operating Fund 473 ADOPTED BY THE CITY COUNCIL at a regular meeting this 1st day of November, 2016 411111 Ibl• tit: Kathy offe V y :l j ATTEST .0100104WM, / IC 4 I N It 620 s 4 ' ‘ kb to Sonya Cla'r Tee, City Clerk r - 3, 4-1 i INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE TOWN OF HARRAH FOR WASTEWATER SERVICES THIS AGREEMENT is entered into between the Town of Harrah, Washington (hereinafter "Harrah ") through its Public Services Department, located at 11 E. Pioneer, Harrah, Washington 98933, and the City of Yakima (hereinafter "City "), located at 129 North 2"d Street, Yakima, Washington 98901, pursuant to RCW 39.34. WHEREAS, the City and Harrah provide sanitary sewer services to their respective communities; and WHEREAS, smaller communities such as Harrah find it financially challenging to fund and maintain all of the necessary equipment needed to maintain a sanitary sewer system and conduct all of the required activities in meeting permit compliance; and WHEREAS, the City, a bordering metropolitan city, has the means to provide assistance to smaller adjacent communities for maintaining sanitary sewer systems and other wastewater services for both planned projects and emergency responses; and WHEREAS, the City has assisted Harrah in the past by providing assistance with such requested wastewater services, and WHEREAS, providing such requested services is recognized as being beneficial to the smaller communities in meeting their ability to serve their citizens and protect water quality and health, while meeting permit requirements; and NOW, THEREFORE, IT IS HEREBY AGREED as follows: 1. Purpose. The purpose of this Agreement is to define the scope of services the City could conduct for Harrah should such services be requested, set forth the compensation to be paid for such services and enumerate 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 execution by the City and Harrah, and filed in accord with RCW 39.34 040 and Section 18, herein, and shall continue in effect until terminated by either party in accordance with Section 11 of this Agreement. 3 Obligations of Parties. A. Harrah shall: a) Notify the City's Wastewater Division of requested wastewater services. i) Planned Projects - Harrah to notify the City with as much lead time as possible to allow the City to schedule the event accordingly and shall also provide the City with all necessary documents and information pertaining to the identified projects. ii) Emergency Events - Harrah to notify the City as soon as possible of the need Page 1 City of Yakima and Town of Harrah Wastewater Service Interlocal Agreement for emergency services. b) Pay all assessed costs for requested services at the current rate on record in accordance with the City of Yakima's Municipal Code. i) Material costs will be included and paid if provided by the City. ii) There will be a ten (10 %) percent administrative fee added to the total cost of services and materials provided by the City at the time of amount invoiced. c) Reimburse the City for wastewater services and materials provided by the City within 15 days of receipt of service invoices from the City. B. The City shall. a) Respond in a timely manner to wastewater service requests from Harrah. i) In the event of an emergency request, if the City is unable to respond in a timely manner or not at all, the City shall notify Harrah as soon as possible to allow Harrah an opportunity to seek alternative means for the request. b) Submit cost estimates for Harrah's approval prior to City conducting work for planned projects. c) Provide wastewater services that may include, but shall not be limited to the following: 1. Hydro - cleaning /Roddering of sanitary sewer lines 2. TVing of sanitary sewer lines 3. Manhole rehabilitation /Cure -in -Place pipe repair 4. Wastewater liftstation wet well solids removal 5. Laboratory testing 6. Wastewater Operator coverage d) Submit invoices to Harrah for services rendered and materials supplied to Harrah by the City. C. This Interlocal Agreement shall be in full force and effect when fully executed by the City and Harrah and filed in accord with RCW 39.34.040 and Section 18 herein. 4. Administration. This Agreement shall be administered by the City's Wastewater Manager and Harrah's Public Works Director 5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City and Harrah. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and Harrah may rely upon or enforce any provision of this Agreement. 6 Indemnification and Hold Harmless. Page 2 City of Yakima and Town of Harrah Wastewater Service Interlocal Agreement A. Each party hereto agrees, in the performance of this Agreement, to be responsible for and assume liability 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. 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 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. 10. 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 11. 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 and materials rendered through the termination date. 12. Dispute Resolution. The City and Harrah shall strive to meet and discuss any outstanding issues related to this Agreement in order to resolve any dispute through cooperation and negotiation. If this is not successful, the Parties may consent to mediation but only if they do so in a written agreement. If unable to resolve any disputed issues through the means identified above, then the parties may seek resolution of the disputed issues(s) in a court of competent jurisdiction in accord with Section 16, below. 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: Page 3 City of Yakima and Town of Harrah Wastewater Service Interlocal Agreement TO CITY OF YAKIMA: Cliff Moore, City Manager 129 North Second Street Yakima, WA 98901 TO Town of Harrah: Barbara Harrer, Mayor 11 E. Pioneer P.O. Box 10 Harrah, WA 98933 - 0010 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County. 17. Compliance with Law. All Parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations while carrying out the terms and conditions of this Agreement. 18. Filing. Prior to taking effect, a copy of this Agreement shall be listed by subject on the City of Yakima's public website pursuant to RCW 39.34.040. CITY OF YAKIMA TOWN OF HARRAH C a(-477,a-aAct, Nedirtzt_) Cliff Mo. -, City Manager Barbara Harrer, Mayor 0 � 3 lib ps - 02o/6 1 Date Sigried Date Signed Attest: 1 wa elaal ( , 5 l Sonya Claar Tee, City Clerk /1._ r # c fr CITY CONTRACT NO: .GL 0 - ..f a RESOLUTION NO: �® /30 Page 4 City of Yakima and Town of Harrah Wastewater Service Interlocal Agreement BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.D. For Meeting of: November 1, 2016 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the Town of Harrah for Wastewater Services SUBMITTED BY: Scott Schafer, Public Works Director - (509) 576 -6411 Mike Price, Wastewater Division Manager - (509) 249 -6815 SUMMARY EXPLANATION: Staff respectfully requests approval of this agreement. Smaller communities such as Harrah find it financially challenging to fund and maintain all of the necessary equipment needed to maintain its sanitary sewer system and conduct all of the required activities in meeting permit compliance. The City has the means to provide such assistance for maintaining sanitary sewer systems and other wastewater services for both planned projects and emergency responses. The ILA allows the City to better serve and assist Harrah for any future wastewater service requests; both planned projects and emergency situations. Services requested of the City would be properly invoiced at the current rates in accordance with City of Yakima Municipal Code. The purpose of this Agreement is to define the scope of services the City could conduct for Harrah should such services be requested, 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. Funds received for such services are to be directed to the City's Wastewater Operating Fund 473. (See attached Agreement) ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ Resolution - Harrah ILA 10 -11 -16 10/11/2016 Resolution ❑ ILA between City & Harrah for Wastewater Services 10/11/2016 Contract