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
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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
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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.
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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:
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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
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Cliff Mo. -, City Manager Barbara Harrer, Mayor
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Date Sigried Date Signed
Attest:
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RESOLUTION NO: �® /30
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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