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HomeMy WebLinkAboutR-1996-116 Tri County Water ResourceRESOLUTION NO. R-96-116 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an agreement with Tri -County Water Resource Agency, to provide empirical data to establish the actual dollar value of a more reliable water supply for all water using economic sectors of the Yakima River Basin. WHEREAS, despite the importance of water to the economy of the Yakima River Basin, there is a scarcity of empirical data to establish the actual dollar value of a more reliable water supply for all water using economic sectors of the Basin; and WHEREAS, such data is necessary due to increased demand for water, the cost of conservation to make use of water, and the need for increased storage; and WHEREAS, the Tri -County Water Resource Agency has the experience and expertise necessary to provide such data and is willing to do so in accordance with the terms and conditions of the attached Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with Tri -County Water Resource Agency, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated agreement with Tri -County Water Resource Agency, to provide empirical data to establish the actual dollar value of a more reliable water supply for all water using economic sectors of the Yakima River Basin. ADOPTED BY THE CITY COUNCIL this 3rd day of September _ , 1996. Air: Lynn Buchanan, Mayor c,,, C - City Clerk (Is) res/tri-county PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Tri - County Water Resource Agency (hereinafter "Consultant"). WHEREAS, despite the importance of water to the economy of the Yakima River Basin, there is a scarcity of empirical data to establish the actual dollar value of a more reliable water supply for all water using economic sectors of the Basin. WHEREAS, such data is necessary due to increased demand for water, the cost of conservation to make use of water, and the need for increased storage. WHEREAS, the Consultant has the experience and expertise necessary to provide such data and is willing to do so in accordance with the terms and conditions of the attached Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Consultant as follows: 1. Scope of Services. Consultant shall provide the City with services in accordance with the attached and incorporated Exhibit "A." 2. Term. The term of this Agreement shall commence upon execution hereof and shall terminate upon completion of all services/tasks required hereunder, unless sooner terminated by either party in accordance with Section 11. 3. Consideration. The City shall pay Consultant One Thousand Dollars ($1,000.00) for services rendered pursuant to this Agreement. 4. Status of Consultant. Consultant and the City understand and expressly agree that Consultant is an independent contractor in the performance of each and every part of this Agreement. Consultant and its employees shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 5. Taxes and Assessments. Consultant shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall pay the same before it becomes due. Page 1 of 3 (1s)agr/tri-county pm 6. Nondiscrimination Provision. During the performance of this Agreement, Consultant shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training. 7. Compliance With Law. Consultant agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 8. No Insurance. It is understood the City does not maintain liability insurance for Consultant and/or its employees. 9. Delegation of Professional Services. The services provided for herein shall be performed by Consultant, and no person other than regular associates or employees of Consultant shall be engaged upon such work or services except upon written approval of the City. 10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Consultant stated herein. 11. Termination. The City or Consultant may terminate this Agreement, with or without cause, by giving the other party ten (10) days written notice of termination. 12. No Conflict of Interest. Consultant represents that it or its employees do not have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 14. Integration. This written document constitutes the entire agreement between the City and Consultant. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. Page 2 of 3 (ls)agr/tri-county pm 15. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO CONSULTANT: City Manager City Hall 129 North 2nd Street Yakima, WA 98901 Charles J. "Chuck" Klarich Director Tri -County Water Resource Agency Larson Building, Suite 714 6 South Second Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 17. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA TRI -COUNTY WATER RESOURCE AGENCY By: R. A. Zais, Jr., City Manager Its DATE: / q6 DATE: �i 3C ATTEST: City Clerk City Contract No. Page 3 of 3 (1s)agr/tri-county pm TRI -COUNTY WATER RESOURCE AGENCY 1 -arson Building. Suite 7t.1 6 South Seen✓ Street Yaklwn, WA 98901 509-S7i-2650 Beaton. Yawata and K Wtas Counties Clerks J. "Chuck [{larch. Director June 12, 1996 Contractor. Tri -County Water Resource Agency and Kittitas-Yakima RC & EDD. Time Line: Start - July 1, 1996 Completion - December 2, 1996. Problem: "Despite the obvious importance of water, there is a scarcity of empirical data which can be used to establish the actual dollar value of a more reliable water supply for all water using economic sectors of the Basin." It is essential that reliable and defensible dollar values of this water be determined due to increased demand for water, the cost of conservation to make efficient use of water, and the need for increased storage. The cost/benefit determinations of major capital improvements and water management practices require this kind of verifiable data. Characteristics: Scientific methodology, such as Input/Output Model. 1. A model with parameters which may be modified to develop additional data. Prefer the model be developed on software compatible with "Excel" data base format. 2. A study which provides the input elements related to projected job development/loss in various area occupations. 3. An analysis of the data especially as it relates to agriculture. An example of how the data can be used to identify economic impacts of drought or other productivity impacts. EXHIBIT A The model needs to be able to prov. ., for future economic projections. Collection of data related to all water uses; Agriculture, Manufacturing, Recreation, FishiWildlife habitat, Commercial/Residential growth (Agricultural Values by crop type.) A study which develops "economic" factors related to impact of low water years at the basin, state and national levels. A determination by economic sector of the value of an acre foot of water in storage. (In standard dollars; i.e.: 1994 dollars.) The study needs to include consideration of the social cultural impacts of water allocation to the basin. Consideration of the mitigating effects that additional storage would provide during flood events in the basin. Measurement of Project Success: Success will be measured by the completion of a well documented, defensible economic model which illustrates the value of more reliable water resources to the Yakima Basin. The optimum utilization of this study will be to assist in supporting measures which will result in financial commitments to facilitate the upgrading of water facilities of the Yakima River Basin. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i Li For Meeting Of Sept. 3, 1996 ITEM TITLE: Tri -County Water Resource Agency Funding SUBMITTED BY: Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Glenn K. Rice, Assistant City Manager, (575-6040) SUMMARY EXPLANATION: At the August 8, 1996 Yakima City Council Meeting, the Council authorized as requested $1,000 for the Tri -County Water Resource Agency for application toward a study of the adequacy and reliability of the Valley water supply. Attached is a resolution authorizing the City Manager and City Clerk to execute an agreement with the Tri -County Water Resource Agency to accomplish this study. Resolution X Ordinance_ Contract X Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: V ity Manager STAFF RECOMMENDATION: Adopt Resolution BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-96-116