HomeMy WebLinkAbout03/21/2017 12 Recycling Planning Project Agreement with the State of Washington Department of EcologyBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 12.
For Meeting of: March 21, 2017
ITEM TITLE: Resolution authorizing an agreement with the State of Washington,
Department of Ecology to conduct a Recycling Planning Project to
assess opportunities and approaches for managing residential
curbside materials collected in a City -operated collection program
SUBMITTED BY: Scott Schafer, Public Works Director - 509 576-6411
Loretta Zammarchi, Solid Waste and Recycling Manager - 509 576-
6421
SUMMARY EXPLANATION:
In a collaborative effort to explore recycling opportunities in the City of Yakima (City), the
Washington State Department of Ecology is providing funding in the amount of $55,000 to the
City's Solid Waste and Recycling Division to conduct a Recycling Planning Project.
The purpose of the project is to assess opportunities and approaches for managing residential
curbside materials collected in a City -operated curbside collection program. The funding will
allow the Division to gather essential data to estimate recycling tonnage, prepare cost estimates,
analyze processing requirements and evaluate other recycling opportunities and alternatives prior
to seeking processing services.
Intended outcomes of this feasibility study on residential curbside recycling include:
• Collect data regarding solid waste and recycling receivables for the city and calculate a
diversion rate for a city-wide curbside recycling program
• Project potential diversion and cost savings from the landfill tipping fees and hauling costs,
specifically related to the projected closure of the Terrace Heights Landfill in 2022
• Identify facilities that would be capable of accepting materials collected from a city
sponsored recycling program
• Assess whether the local markets and volumes can sustain a recycling processing facility
• Explore ownership and operation alternatives for a processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and level of service
• Identify potential obstacles for proceeding forward with a recycling program for the city
• Include collaborative partnerships with neighboring cities and solid waste jurisdictions in all
calculations and assumptions
• Include a statement of findings regarding how this study can help assist other small
urban/rural cities and counties implement and maintain recycling programs
• Develop recommendations for what a future Request for Proposals might include
• Provide a final summary analysis and report of work by the City of Yakima and/or contractors
and future recommendations
The attached Interagency Agreement outlines the terms and conditions of the Agreement.
ITEM BUDGETED:
STRATEGIC PRIORITY:
fro
Public Trust and Accountability
APPROVED FORV*
SUBMITTAL: `~City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D resolution 311412017 Co r Merno
D InterAgency Agreement 3/212017 Contract
RESOLUTION NO. R -2017-
A RESOLUTION approving an Interagency Agreement (IAA) with the State of
Washington, Department of Ecology to conduct a Recycling
Planning Project to assess opportunities and approaches for
managing residential curbside materials collected in a City -
operated curbside collection program.
WHEREAS, a majority of the Council has expressed interest in pursuing curbside
recycling options and opportunities; and,
WHEREAS, the Washington State Department of Ecology has proposed to enter
into an Interagency Agreement to assist the City of Yakima by providing $55,000 in
funds to conduct a Recycling Planning Project; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Interagency Agreement (IAA)
between the State of Washington, Department of Ecology and the City of Yakima, which
provides $55,000 of funding to the City to be used to conduct a Recycling Planning
Project, and any other agreements necessary (as long as they are under the amount
requiring City Council approval) to carry out the terms and conditions of the Agreement.
A copy of the Agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this 21st day of March, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Kathy Coffey, Mayor
lwr
DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1700115 (mill be assipiea by COntracts I"nit)
INTERAGENCY AGREEMENT (IAA)
BETWEEN
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
City of Yakima
THIS INTERAGENCY AGREEMENT ("Agreement" or "IAA") is made and entered into by and between
the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY', and the City of
Yakima pursuant to the authority granted by Chapter 39.34 RCW.
THE PURPOSE OF THIS AGREEMENT is a collaboration between ECOLOGY and the City of
Yakima to conduct a feasibility study to assess opportunities and approaches for managing residential
curbside materials collected in a City -operated curbside collection program. This funding will allow the
City's Solid Waste Division to conduct a Recycling Planning Project to gather essential data to estimate
recycling tonnage, prepare cost estimates, analyze processing requirements, and evaluate opportunities
and alternatives prior to drafting a Request for Proposals for processing services. If successful, this
project could provide a new model for processing recyclables in Eastern Washington.
WHEREAS, Interagency collaboration and work products will be beneficial to both ECOLOGY and The
City of Yakima in carrying out the duties authorized in RCW 70.95 and operating a solid waste handling
system authorized under RCW 35.21.120 and powers to enter into cooperative agreement under RCW
39.34.030.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT:
1) SCOPE OF WORK
The City of Yakima shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise
do all things necessary for or incidental to the performance of the work set forth in Appendix A, Statement of
Work and Budget, attached hereto and incorporated herein.
2) PERIOD OF PERFORMANCE
The period of performance of this IAA is tentatively scheduled to commence on March 1, 2017, or date of final
signature, whichever comes later. Project completion is anticipated to be June 30, 2017. Amendments
extending the period of performance, if any, shall be at the sole discretion of ECOLOGY.
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3) COMPENSATION
ECOLOGY shall compensate the City of Yakima for the work done by the City of Yakima, as outlined in the
Scope of Work and as otherwise indicated herein. Compensation shall be reimbursement -based in accordance
with this IAA and as has been established under the terms of RCW 39.34.130 and RCW 39.26.180(3).
The parties have determined that the cost of accomplishing the work identified herein will not exceed $55,000.
Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually
agree via an amendment to this IAA to a higher amount.
Compensation for services shall be based on the terms and tasks set forth in Appendix A, Statement of Work
and Budget. ECOLOGY will not make payment until it has reviewed and accepted the completed work.
4) BILLING AND PAYMENT PROCEDURE
Payment requests shall be submitted on state form, Invoice Voucher A19 -1A. Invoices shall describe and
document to ECOLOGY's satisfaction a description of the work performed, the progress of the work, and
related costs. Each invoice voucher shall reference the Agreement (IAA) number and clearly identify those
items that relate to performance under this Agreement. Payment will be made within thirty (30) days of a
properly completed invoice (form A19 -1A) with supportive documentation. The City of Yakima shall
provide a general ledger report with each invoice that details the monthly costs incurred along with a
monthly project status update. The City of Yakima shall maintain complete program and financial records
relating to this Agreement. ECOLOGY reserves the right to audit, or have a designated third party audit,
applicable records to ensure that the state has been properly invoiced.
Send invoices to:
State of Washington
Department of Ecology
Attn: James Rivard
1250 W. Alder Street
Union Gap, WA 98903
Payment requests shall be submitted on a monthly basis. Upon expiration of this Agreement, any claim for
payment not already made shall be submitted to ECOLOGY within 30 days after the expiration date.
Payment will be issued through Washington State's Department of Enterprise Services Statewide Payee
Desk. To receive payment you must be registered as a state-wide vendor. To register submit a state-wide
vendor registration form and an IRS W-9 form at website,
http://Nvww.des.wa.gov/services/ContractingPurchasing/Business/VendorPav/Pa yes/default.aspx. If you
have questions about the vendor registration process you can contact DES at the Payee Help Desk at
(360) 407-8180 or email pavcchclpdesk;ddes .,,y a.gov.
5) ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
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6) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable
by either party in whole or in part, without the express prior written consent of the other party, which consent
shall not be unreasonably withheld.
7) ASSURANCES
Parties to this Agreement agree that all activity pursuant to this contract will be in accordance with all the
applicable current federal, state and local laws, rules, and regulations.
8) CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
9) DISPUTES
Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to
litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties,
it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall
appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional
member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable
statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board
shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be
borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the
parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the
Governor's process will control. The parties may mutually agree to a different dispute resolution process.
10) FUNDING AVAILABILITY
ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from
state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding
limitations and conditions. ECOLOGY may also elect to suspend performance of the Agreement until
ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these
options with no notification restrictions.
11) GOVERNING LAW AND VENUE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state
of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston
County.
12) INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other parry.
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13) ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and rules.
b. Mutually agreed upon written amendments to this Agreement.
c. This Agreement, number C1700115.
d. Appendix A, Statement of Work and Budget.
e. Any other provisions of this Agreement, including materials incorporated by reference.
14) RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors,
and any persons duly authorized by the parties or by law shall have full access and the right to examine any of
these materials during this period.
Records and other documents, in any medium, furnished by one parry to this Agreement to the other party, will
remain the property of the furnishing parry, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it
a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties
subject to state public disclosure laws.
15) RESPONSIBILITIES OF THE PARTIES
Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or
property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents.
Neither party will be considered the agent of the other parry to this Agreement.
16) RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by
the U.S. Copyright Act of 1976 and shall be owned by state of Washington, ECOLOGY. Data shall include,
but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies,
computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights.
17) SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable.
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18) SUBCONTRACTORS
The City of Yakima agrees to take complete responsibility for all actions of any Subcontractor used under this
Agreement for the performance contemplated herein. When federal funding is involved there will be additional
subcontractor requirements and reporting.
Prior to performance, all subcontractors who will be performing services under this Agreement must be
identified, including their name, the nature of services to be performed, address, telephone, WA State
Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and
anticipated dollar value of each subcontract. This information shall be provided to ECOLOGY's Agreement
manager.
19) TERMINATION FOR CAUSE
If for any cause, either parry does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either parry violates any of these terms and conditions, the aggrieved parry will give the other party written
notice of such failure or violation. The responsible parry will be given the opportunity to correct the violation
or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be
terminated immediately by written notice of the aggrieved parry to the other after the fifteen business day time
period has expired.
20) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement for any reason upon thirty (30) calendar day prior written
notification to the other party. If this Agreement is so terminated, the parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of termination.
21) WAIVER
A failure by either parry to exercise its rights under this Agreement shall not preclude that parry from
subsequently exercising its rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a written amendment to this Agreement signed by an authorized representative of
each of the parties.
22) AGREEMENT MANAGEMENT
The representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The ECOLOGY Representative is:
The City of Yakima Representative is:
Name:
James Rivard
Name:
Loretta Zammarchi
Address:
1250 W Alder Street
Address:
2301 Fruitvale Blvd.
Union Gap WA 98903
Yakima WA 98902
Phone:
(509) 457-7123
Phone:
(509) 576-6421
Email:
james.rivard2( ecy.wa. ov
Email:
Loretta.Zammarchi2( Yakima. ov
Fax:
Fax:
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23) ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
IN WITNESS WHEREOF, the parties below, having read this Contract in its entirety, including all
attachments, do agree in each and every particular and have thus set their hands hereunto.
State of Washington City of Yakima
Department of Ecology
By: By:
Signature Date Signature Date
Print Name:
Title:
Approved as to form:
Attorney General's Office
Print Name:
Title:
ATTEST:
M.
Sonya Claar Tee, City Clerk
City Resolution No
City Contract No.
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APPENDIX A
STATEMENT OF WORK AND BUDGET
Tntrnduc&)n.
This interagency collaboration is between ECOLOGY and the City of Yakima to conduct a
feasibility study to assess opportunities and approaches for managing residential curbside
materials collected in a City -operated curbside collection program. This funding will allow the
City's Solid Waste Division to conduct a Recycling Planning Project to gather essential data to
estimate recycling tonnage, prepare cost estimates, analyze processing requirements, and
evaluate opportunities and alternatives prior to drafting an Request for Proposals for processing
services. If successful, this project could provide a new model for processing recyclables in
Eastern Washington.
Intended outcomes
• Collect data regarding solid waste and recycling receivables for the city and calculate a
diversion rate for a citywide curbside recycling program
• Project potential diversion and cost savings from landfill tipping fees and hauling costs,
specifically related to the projected closure of the Terrace Heights Landfill in 2022
• Identify facilities that would be capable of accepting materials collected from a city sponsored
recycling program
• Assess whether the local markets and volumes can sustain a recycling processing facility
• Explore ownership and operation alternatives for a processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees and level of service
• Identify potential obstacles for proceeding forward with a recycling program for the city
• Include collaborative partnerships with neighboring cities and solid waste jurisitictions in all
calculations and assumptions
• Include a statement of findings regarding how the findings from this study can help assist other
small urban/rural cities and counties implement and maintain recycling programs
• Develop recommendations for what a future Request for Proposals might include
• Provide a final summary analysis and report of work by the City of Yakima and/or contractors
and future recommendations
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Requirements, Tasks and Deliverables:
Task
Deliverables
Timeline
1
• Provide a project plan to ECOLOGY for review and
March — April 2017
approval by ECOLOGY that outlines how the City of
Yakima intends to accomplish the objectives, outcomes, and
deliverables mentioned in this Interagency Agreement
• Gather necessary solid waste and recycling data needed to
determine diversion rates, cost savings, local markets, and
identify potential obstacles that might prevent the
implementation of curbside recycling for the City of Yakima
and any potential collaboration with surrounding
neighboring cities and solid waste jurisdictions
• Provide a plan to ECOLOGY that details how potential
barriers to implementing curbside recycling for the City of
Yakima and collaboration with surrounding neighboring
cities and solid waste jurisdictions will be overcome
2
• Identify facilities that would be capable of accepting
April — June 2017
materials collected from a city sponsored recycling program
• Assess whether the local markets and volumes can sustain a
recycling processing facility
• Explore ownership and operation alternatives for a
processing facility
• Explore contracting options for providing services to the city
• Estimate service fees and rates based upon processing fees
and level of service
• Breakdown and overcome potential obstacles for proceeding
forward with a recycling program for the city including
collaborative partnerships with neighboring cities and solid
waste jurisdictions
• Include rate, volume, and diversion calculations and
assumptions for the City of Yakima along and in combination
with collaborative partnerships with neighboring cities and
solid waste jurisdictions
3
• Provide a final summary analysis and report of work by the
By June 30, 2017
City of Yakima and/or contractors to ECOLOGY that
includes future recommendations and plans to implement
curbside recycling.
• Include a statement of findings regarding how the findings from
this study can help assist other small urban/rural cities and
counties implement and maintain recycling programs
• Develop recommendations for what a future Request for
Proposals might include
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Project budget
$23,335 Salary for Solid Waste Financial Analysis is $142.00 per hour, not to
exceed $23,335.00, March 7, 2017 through June 30, 2017 (3.5 months) -
+$25,665 Salary for Solid Waste and Recycling Consultant is $95.00 per hour, not to
exceed $25,665.00, March 7, 2017 through June 30, 2017 (3.5months)
$49,000 Total combined
$4,020 Salary for City of Yakima Solid Waste Manager is $47.84 per hour plus
benefits not to exceed $6,000
X 33.0% % benefits expense;
$6,000
Expense Description (See Project bud -get breakdown
, above)
Combined consultant expense
r` Iii
Total City of Yakima Salaries and benefits costs=
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